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An employer in the construction industry was sentenced to do 200 hours of community service at Kowloon City Magistrates' Courts today (October 24) for wage offences under the Employment Ordinance and non-compliance with an award issued by the Labour Tribunal. He was also ordered to clear the outstanding wages via the court. The prosecution was made by the Labour Department.
A spokesman for the Labour Department said that the judgment would send a strong message to all employers that they have to ensure that wages are paid to employees in accordance with the Employment Ordinance and that payment of awards issued by the Labour Tribunal or the Minor Employment Claims Adjudication Board are duly complied with.
The employer failed to pay wages to two employees within seven days after the expiry of wage periods and termination of employment as required by the ordinance. Additionally, the employer failed to pay the awarded sum of about $31,800 to two employees within 14 days after the date on which the sum was payable according to the award terms.
According to Sections 23 and 25 of the Employment Ordinance, wages due upon expiry of wage periods and 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.
Section 43P(1) of the Employment Ordinance stipulates that where an award issued by the Labour Tribunal or the Minor Employment Claims Adjudication Board provides for the payment by an employer of any specified entitlement, and the employer wilfully and without reasonable excuse fails to pay any sum payable under the award within 14 days after the date of the award or after the date on which the sum is payable according to the award terms, the employer commits an offence and is liable to a fine of $350,000 and imprisonment for three years.
A spokesman for the Labour Department said, "The Labour Department will not tolerate wage offences and the offences of non-compliance of awards issued by the Labour Tribunal or the Minor Employment Claims Adjudication Board and will spare no effort in bringing to justice employers and directors who defy the law."
Ends/Monday, October 24, 2011
Issued at HKT 17:56
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