Traditional Chinese Simplified Chinese Email this article news.gov.hk
Restaurant manager given suspended jail sentence for wage offences
**********************************************************

     A manager of Wealthy Time Investment Limited, trading as Fuk Wan Seafood Hotpot Restaurant, was sentenced to four months' jail, suspended for three years, and a fine of $20,000 for wage offences under the Employment Ordinance at the Kowloon City Magistrates' Courts today (August 28). He was also ordered to clear the outstanding wages via the court immediately. The prosecution was launched by the Labour Department.
     
     A spokesman for the Labour Department welcomed the judgment, adding that it would send a strong message to directors or responsible persons of a limited company that they had a personal responsibility to ensure that wages were paid to employees in accordance with the Employment Ordinance.

     "This is the third case this year that a jail sentence has been imposed on an employer or responsible person of a limited company for committing wage offences. It shows that the courts are attaching more importance to such offences. Employers should not defy the law," the spokesman said.

     The four employees of Fuk Wan Seafood Hotpot Restaurant were owed wages totalling $57,000 upon termination of employment in August and September last year. One employee obtained an award from the Labour Tribunal in favour of his wage claim but the company did not comply to make payment. The other three employees also lodged claims with the Labour Tribunal and it was not until March this year that they were paid their outstanding wages.

     The Labour Department investigated the case and evidence showed that the wage offences were committed with the manager's consent, connivance or neglect.     

     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 commits an offence.

     In addition, Section 64B of the ordinance stipulates that where any wage payment 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. Offenders are liable to prosecution and, upon conviction, to a maximum penalty of a fine of $350,000 and imprisonment for three years.
 
     "The Labour Department does not tolerate wage offences and spares no effort in prosecuting employers and responsible persons of limited companies who defy the law," the spokesman said.

     Employees who are owed wages should call the Labour Department's complaint hotline, 2815 2200, immediately.

Ends/Thursday, August 28, 2008
Issued at HKT 17:05

NNNN

Print this page