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Employers of foreign domestic helpers are reminded that they will be in breach of the Employment Ordinance and liable to prosecution if they pay their helpers less than the minimum allowable wage.

An employer, Ms Liang Wei-ping, was prosecuted by the Labour Department for underpaying her Indonesian domestic helper. She was convicted and fined $15,000 at the Fanling Magistrates' Courts today (June 1).

Throughout the employment, the defendant paid her domestic helper only $1,900 to $2,500 a month, which was below the minimum allowable wage that was specified in the employment contract. In relation to the underpayment, the helper had initiated civil claims at the Labour Tribunal earlier and got back $10,500 in separate proceedings.

"Employers of foreign domestic helpers should not pay their helpers below the minimum allowable wage stipulated by the Government," a department spokesman said.

"Under the Employment Ordinance, the maximum fine for underpayment of wages is $200,000 and imprisonment for one year."

"The department has put in place an effective mechanism to assist foreign domestic helpers who have been deprived of their statutory entitlements. We are determined to carry out enforcement action under the ordinance and will prosecute offenders if sufficient evidence is available."

"To protect his or her own interests, an employee should come forward as a prosecution witness if the employer defaults on wage payment," the spokesman added.

Besides, employers who intend to pay their domestic helper below the minimum allowable wage, but submit an employment contract with the minimum allowable wage rate, may also be liable to a charge of making a false statement or representation under the Immigration Ordinance. The offence carries a maximum penalty of $150,000 and 14 years' imprisonment. The present case has already been referred to the Immigration Department for investigation.

Ends/Tuesday, June 1, 2004

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