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An employer, Mr Tam Chun Wo, trading as Chun Fat Hong was today (June 20) jailed for 14 days for wage offences under the Employment Ordinance. The prosecution was taken out by the Labour Department.
A spokesman for the Labour Department welcomed the Kowloon City Magistrates' Court judgment, adding that it would send a strong message to employers that they had a responsibility to ensure wages were paid to employees on time in accordance with the Employment Ordinance.
"This is the fourth case this year in which a jail sentence has been imposed on an employer or a company director for wage offences. It showed that the courts are attaching more importance to such offences. Employers should not defy the law," he said.
Mr Tam employed person to sell handbags for the period between December, 2005, and March, 2006, but he paid only part of December's wages to the employee. The rest of the wages of about $20,000 was outstanding.
The employee lodged the wage claims with the Labour Department in March, 2006. Two months later, the employee filed claims at the Labour Tribunal which awarded in her favour. However, Mr Tam did not honour the award to pay the employee. Thus the Labour Department took out the prosecution.
The court sentenced Mr Tam to 14 days' jail and ordered him to clear the outstanding payment via the court.
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 wilfully and without reasonable excuse is liable to a maximum fine of $350,000 and imprisonment for three years.
"The Labour Department does not tolerate wage offences and spares no effort in prosecuting employers and directors who defy the law," the spokesman said.
Employees who are owed wages should call the Labour Department's complaint hotline, 2815 2200, immediately.
Ends/Wednesday, June 20, 2007
Issued at HKT 15:01
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