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An employer of a foreign domestic helper was sentenced to three months' imprisonment today (April 18) at the Kwun Tong Magistrates' Courts for underpaying her wages. The prosecution was launched by the Labour Department.
The employer failed to pay wages to her foreign domestic 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 were about $34,000.
According to Section 23 of the Employment Ordinance, wages due upon expiry of wage periods 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, and is liable upon conviction to a maximum fine of $350,000 and imprisonment for three years.
A spokesman for the Labour Department welcomed the judgement, adding that it was the first time this year that jail sentence had been imposed on an employer of foreign domestic helper for committing 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.
"Employers being sentenced to imprisonment for committing wage offence 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."
"Employees, including foreign domestic helpers, who are owed wages should promptly report to the Labour Department to protect their interests," he said.
The spokesman urged employees who are owed wages to call the department's complaints hotline on 2815 2200 immediately.
Ends/Monday, April 18, 2011
Issued at HKT 17:30
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