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Mr Au Po-yiu trading as Yiu Kee Paint Engineering Company was fined $16,300 at the Eastern Magistrates' Courts today (August 18) for wage and holiday pay offences under the Employment Ordinance. The prosecution was launched by the Labour Department.
He was fined $10,000 for failing to pay wages to five employees within seven days of the expiry of the wage period as required by the ordinance. The amount of wages involved was $46,700.
In addition, he was fined $6,300 for failing to give holiday pay for seven statutory holidays to two of the employees within the statutory time limit. The holiday pay had been paid to the employees before the commencement of the trial.
According to Section 23 of the Employment Ordinance, wages due upon expiry of the last day of the wage period shall be paid as soon as practicable, but not later than seven days. Any employer who fails to do so wilfully and without reasonable excuse is liable to a maximum fine of $350,000 and imprisonment for three years.
Meanwhile, Section 40 of the Employment Ordinance stipulates that an employee having been employed under a continuous contract for not less than three months immediately preceding a statutory holiday is entitled to the holiday pay. Holiday pay should be paid to the employee not later than the day on which he is next paid his wages after that statutory holiday. Failing which the employer is liable to a maximum fine of $50,000.
The Labour Department urged employees who were owed wages and holiday pay to immediately report to its complaint hotline on 2815 2200.
Ends/Friday, August 18, 2006
Issued at HKT 18:02
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