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A director of China Ascend Industrial Limited trading as Orient Seafood Restaurant was fined $48,000 at the Tsuen Wan Magistrates' Courts today (June 29) for wage offences under the Employment Ordinance. The prosecution was launched by the Labour Department.
Five employees were involved in this case. While the wages for June 2008 for two of the employees were paid later than seven days upon expiry of the wage period, about two-thirds of wages for July 2008 and the wages for August 2008 were not paid to all the five employees after seven days upon expiry of the wage period and after seven days upon termination of employment contract, infringing the Employment Ordinance.
The Labour Department took out investigation and evidence showed that the wage offences were committed with the director's consent, connivance or neglect.
According to Section 23 and 25 of the Employment Ordinance, wages due upon expiry 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 directors or 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/Monday, June 29, 2009
Issued at HKT 18:00
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