Employers reminded to observe the Employment Ordinance
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    The Labour Department reminds employers to observe regulations stipulated in the Employment Ordinance.

     The reminder came as Hong Ning Milk Products Co Ltd was fined a total of $140,000 in Fanling Magistracy for wage payment and holiday offences under the ordinance. The company also dismissed the employees because they gave information to public officers in an inspection conducted by the department.

     The prosecution was taken out by the department.

     The company failed to pay wages to five employees within seven days after the expiry of the wage period and the termination of employment as required by the ordinance. The total amount of wages involved was about $200,000. The company had also failed to grant three statutory holidays to an employee.

     According to Section 23 and 25 of the 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.

     Section 39 of the ordinance says an employer is required to grant statutory holidays to his employee or the employer is liable to a maximum fine of $50,000.

     In addition, Section 72B of the ordinance says that no employer shall terminate or threaten to terminate, the employment of, or in any way discriminate against, any of his employees by reason that the employee has given information to a public officer in any inquiry made by such officer by the purpose of or in connection with the enforcement of the ordinance. An employer who contravenes this provision is liable to a maximum fine of $100,000.

     The department said it attached great importance to the rights and benefits of the employees and determined to protect the employees from being dismissed due to their assistance in an investigation of their employer's suspected breaches.

     The department will take immediate action once such complaint is received from the employees. If there is sufficient evidence, the department will not hesitate to prosecute the employers concerned.  
 
     Employees who are owed wages should immediately report to the Labour Department's complaints hotline on 2815 2200.

Ends/Saturday, August 18, 2007
Issued at HKT 11:02

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