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An employer was convicted after trial and fined $44,000 today (June 28) at the Kwun Tong Magistrates' Courts for underpaying her Indonesian domestic helper.
"This is the first time the Labour Department brought a foreign domestic helper back to Hong Kong to be a prosecution witness after she had returned to her homeland. This shows the department's determination to tackle cases concerning underpayment of wages for foreign domestic helpers.
"This is also the heaviest fine so far in a case involving underpayment of wages to foreign domestic helpers," a Labour Department spokesman said.
Throughout the one-year employment period, the domestic helper received only $6,300 in wages and did not have any holidays. The helper had initiated a civil claim at the Labour Tribunal earlier and got back some $50,000 in separate proceedings.
"The court sentence sends a strong message to employers that they should not pay their foreign domestic helpers below the minimum allowable wage or they will be in breach of the Employment Ordinance and liable to heavy penalty.
"The maximum fine for underpayment of wages under the Employment Ordinance 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 actions under the ordinance and will prosecute offenders if sufficient evidence is available and the foreign domestic helper is willing to testify at court."
"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 foreign domestic helpers below the minimum allowable wage, but submit an employment contract to the Immigration Department 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.
Ends/Monday, June 28, 2004
Issued at HKT 19:52
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