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The director of Best Leader Engineering Company Limited was today (January 25) sentenced to 120 hours' community service order by the Tuen Mun Magistrates' Courts for committing wage offences under the Employment Ordinance. The company, Best Leader Engineering Company Limited, was fined $39,200. The director and the company were also ordered by the court to clear the outstanding wages, annual leave pay and severance payment. The prosecution was launched by the Labour Department.
A spokesman for the Labour Department said 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, and employers should not defy the law.
Best Leader Engineering Company Limited failed to pay wages of around $400,000 to two employees within seven days after the expiry of wage period and the termination of employment as required by the Employment Ordinance. It also failed to pay annual leave pay and severance payment to the employees. Before sentencing, the company had paid part of the wages in arrears to the two employees. The Labour Department investigated the case and evidence showed that the wage offences were committed with the director's consent, connivance or to be attributable to his neglect.
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 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 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, January 25, 2010
Issued at HKT 19:56
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