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Style Limited trading as Ying Choi Seafood Restaurant and one of its directors were fined a total of $52,000 today (September 17) at the Shatin Magistrates' Courts for wage offences under the Employment Ordinance. The prosecution was launched by the Labour Department.
The company failed to pay wages to an employee within seven days after the expiry of the wage period and after termination of employment as required by the ordinance. The amount involved was about $20,000. The director was convicted for his consent, connivance or neglect in the wage offences.
According to Section 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.
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.
Ends/Friday, September 17, 2010
Issued at HKT 17:26
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