********************************
Mr Chan Chun-lun trading as Bosco Chan & Co. was fined $16,500 at the Eastern Magistrates' Courts today (July 13) for wage offences under the Employment Ordinance. The prosecution was launched by the Labour Department.
The employer failed to pay wages to an employee within seven days of the expiry of the wage period and the termination of employment. The employer also failed to pay to the employee end of year payment within seven days from the day specified in the contract of employment and the termination of employment as well as the employee annual leave pay within seven days after the termination of employment.
According to Section 23 and 25 of the Employment Ordinance, wages due upon expiry of the last day of the wage period or upon termination of employment 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.
According to Section 11F of the Employment Ordinance, where an employee continues to be employed after the expiry of the payment period, an employer should pay to him the end of year payment as soon as practicable but in any case not later than seven days after the expiry of the payment period or the day specified in the contract of employment. And where the contract of employment is terminated, the employer shall pay to him the end of year payment as soon as practicable but in any case not later than seven days after the termination of employment or the day on which the profits of the employer are ascertained.
And according to Section 41D, where an employee ceases to be employed and annual leave is due, the employer shall pay to him the annual leave pay as soon as practicable, but not later than seven days after the termination of employment.
The maximum penalty for annual leave pay and end of year payment offences is $50,000.
The Labour Department urged employees who are owed wages to call its complaint hotline, 2815 2200 immediately.
Ends/Friday, July 13, 2007
Issued at HKT 18:15
NNNN
