************************************************************
Wintrend Creative Limited and its director were today (February 4) fined $104,000 and $98,000 respectively at the Kwun Tong Magistrates' Courts for wage and annual leave pay offences under the Employment Ordinance. The company and the director were also ordered to clear the outstanding wages and annual leave pay via the court. The prosecution was launched by the Labour Department.
The company failed to pay wages to one employee within seven days after the expiry of the wage period and termination of employment as required by the ordinance. The director was convicted for her consent, connivance or neglect in the wage offences.
The company also failed to pay annual leave pay to the same employee in accordance with the Employment Ordinance.
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 willfully and without reasonable excuse is liable to a maximum fine of $350,000 and imprisonment for three years.
Any employer who fails to comply with the requirement of Section 41D regarding the annual leave pay is liable to a maximum fine of $50,000.
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, and be liable to a maximum fine of $350,000 and imprisonment for three years.
Company directors had a personal responsibility to ensure that wages are 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.
Employees who are owed wages should immediately report it to the Labour Department's complaint hotline on 2815 2200.
Ends/Thursday, February 4, 2010
Issued at HKT 18:13
NNNN
