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Mr Kam Chun-wang, Peter trading as R&D Delicacy Consultant Co. was fined $25,000 at the Kwun Tong Magistrates' Courts today (October 25) for offences under the Employment Ordinance. The prosecutions were launched by the Labour Department.
The employer failed to pay wages to two employees within seven days of the expiry of the wage period. He also failed to grant two statutory holidays or pay the holiday pay in respect of the Ching Ming Festival and Labour Day, to the two employees.
According to Section 23 of the Employment Ordinance, wages due upon expiry of the last day of the wage period must 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.
Moreover, under the Employment Ordinance, all employees, irrespective of their length of service, are entitled to 12 statutory holidays a year.
According to Section 39 of the ordinance, if an employee is required to work on a statutory holiday, his employer must arrange an alternative holiday within the 60 days before or after the statutory holiday.
According to Section 40 of the Employment Ordinance, 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.
Any employer who fails to grant statutory holidays or fails to pay holiday pay, is liable to a maximum fine of $50,000.
The Labour Department urged employees who are owed wages or being deprived of statutory rights to call its complaint hotline, 2815 2200 immediately.
Ends/Thursday, October 25, 2007
Issued at HKT 18:54
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