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An employer was sentenced at the Tsuen Wan Magistrates' Courts today (August 21) to three months' jail, suspended for two years, for wage offences under the Employment Ordinance. He was also ordered to clear the outstanding wages via the court. The prosecution was launched by the Labour Department.
A spokesman for the Labour Department welcomed the judgment, saying it would send a strong message to employers that they had the responsibility to ensure that wages were paid to employees in accordance with the Employment Ordinance.
"This is the second case this year in which a custodial sentence has been imposed on an employer or company director for wage offences. It shows that the courts are attaching more importance to such offences. Employers should not defy the law," he said.
The employer in the case was a sub-contractor of a construction project, employing four employees for metal works. Upon the suspension of works in March 2007, the employees were owed wages amounting to over $60,000.
The employees subsequently lodged wage claims with the Labour Tribunal. The tribunal awarded in the employees¡¦ favour, but the employer failed to comply with the award to make payment.
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.
The spokesman urged employees who were owed wages to call the department's complaints hotline on 2815 2200 immediately.
Ends/Thursday, August 21, 2008
Issued at HKT 17:23
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