*********************************************************
The director of Po Yuen (TO's) Machine Factory Limited which engaged in the manufacturing industry was sentenced to 200 hours' community service at the Kwun Tong Magistracy today (July 11) for committing wage offences under the Employment Ordinance. The prosecution was launched by the Labour Department.
The company failed to pay wages to three employees within seven days after the expiry of the wage period and termination of employment as required by the ordinance. The amount involved was about $44,000.
According to Sections 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.
In addition, section 64B of the Employment Ordinance stipulates that where any wage offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, the director, manager, secretary or other similar officer shall be guilty of a like offence. Likewise, the maximum penalty for the said offence is a fine of $350,000 and imprisonment for three years upon conviction.
A spokesman for the Labour Department reiterated that company directors had a personal responsibility to ensure that wages are paid to employees in accordance with the Employment Ordinance. The Labour Department does not tolerate wage offences and will prosecute directors and employers who defy the law.
Ends/Friday, July 11, 2008
Issued at HKT 17:32
NNNN
