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The director of Common Rich Technology Limited who committed wage offences under the Employment Ordinance, was sentenced at Kwun Tong Magistrates' Courts to 120 hours of community service. The prosecution was taken out by the Labour Department.
The company failed to pay wages to three employees within seven days after the expiry of wage periods and termination of employment as required by the ordinance. The total amount of wages involved in this case was $88,774.58 and the director was convicted for her consent, connivance or neglect in the wage offences.
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 must be paid as soon as practicable, but not later than seven days thereafter. 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.
Section 64B of the Employment 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. The maximum penalty has been raised to a fine of $350,000 and imprisonment for three years.
Company directors had a personal responsibility to ensure that wages were paid to employees in accordance with the Employment Ordinance, a spokesman for the Labour Department said. The Labour Department will not tolerate wage offences and will spare no effort in bringing to justice directors and employers who defy the law.
Ends/Wednesday, April 29, 2009
Issued at HKT 17:31
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