Section 97
of Labour Act
Section 97
The Commissioner may exempt the employer from liability for repatriation expenses in the following cases —
(a)
when the Commissioner is satisfied —
(i)
that the worker by a declaration before the
Commissioner has signified that he does not wish to repatriation; and
(ii)
that the worker has been settled at his request or with his consent at or near the place of employment;
(b)
when the Commissioner is satisfied that the worker by his own choice has failed to exercise his right of repatriation before the expiry of 6 months from the date of termination of the agreement or contract;
(c)
when the liability of the employer has been provided for under any of the provisions of any Fund established under paragraph (c) of subsection (2) of section 121;
(d)
when the agreement or contract has been terminated otherwise than by reason of the inability of the worker to fulfil the
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agreement or contract owing to sickness or accident and the
Commissioner is satisfied —
(i)
that in fixing the rates of wages proper allowance has been made for the payment of repatriation expenses by the worker; and
(ii)
that suitable arrangements have been made by means of a system of deferred pay or otherwise to ensure that the worker has the funds necessary for the payment of such expenses.
Employer to provide transport.