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Three directors of Elastique Industrial Limited were each sentenced to 100 hours' community service for wage offences under the Employment Ordinance at the Tuen Mun Magistrates' Courts today (January 7). The prosecution was launched by the Labour Department.
A spokesman for the Labour Department said that the judgment would send a strong message to directors or responsible persons of limited companies that they had a personal responsibility to ensure that wages were paid to employees in accordance with the Employment Ordinance.
"Including this case, community service orders have been imposed on eight directors or responsible persons of limited companies in the last year 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.
Elastique Industrial Limited failed to pay wages of around $370,000 to eight employees within seven days after the termination of employment as required by the Employment Ordinance. The Labour Department investigated the case and evidence showed that the wage offences were committed with the consent or connivance of the three directors, or to be attributable to their neglect.
According to section 25 of the Employment Ordinance, wages due 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, they 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/Thursday, January 7, 2010
Issued at HKT 18:40
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