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An employer of a foreign domestic helper was sentenced to three months' imprisonment today (June 9) at the Kwun Tong Magistrates' Courts for underpaying wages to his helper. The employer was also ordered to clear the outstanding wages via the court. The prosecution was launched by the Labour Department.
During the employment of the foreign domestic helper, the employer failed to pay wages to his helper according to the minimum allowable wage of $3,480 as set out in the employment contract signed by both parties in 2007. The outstanding wages involved was about $25,000.
A spokesman for the Labour Department welcomed the judgement, adding that it was the first case this year in which jail sentences had been imposed on an employer of foreign domestic helper for a wage offence. It would send a strong message to employers that they should ensure wages were paid to employees in accordance with the Employment Ordinance.
According to Section 23 and 25 of the Employment Ordinance, wages due upon expiry of wage periods or termination of employment shall 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 commits an offence.
"Employers being sentenced to imprisonment for committing wage offences show that the courts are attaching more importance to such offence. Employers should not defy the law. The Labour Department reminds all employers of foreign domestic helper not to pay less than the minimum allowable wage to their helpers. An employer who commits such an offence would be liable to prosecution and, upon conviction, to a maximum penalty of a fine of $350,000 and imprisonment for three years." the spokesman said.
"Employees, including foreign domestic helpers, who are owed wages should promptly report to the Labour Department to protect their interests," he added.
The spokesman urged employees who were owed wages to call to the department's complaints hotline on 2815 2200 immediately.
Ends/Wednesday, June 9, 2010
Issued at HKT 18:49
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