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The owner of Chak Ming Engineering Company was fined $35,000 at the Fanling Magistrates' Courts today (January 6) for wage and holiday pay offences under the Employment Ordinance. The prosecution was launched by the Labour Department.
The employer failed to pay wages to two employees within seven days after the expiry of the wage period as required by the ordinance.
In addition, the employer also failed to grant holiday pay of Labour Day, Tuen Ng Festival and Hong Kong Special Administrative Region Establishment Day to the two employees in accordance with the Employment Ordinance.
According to Section 23 of the Employment Ordinance, wages due upon expiry of the last day of the wage period must 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.
In addition, Section 40 of the Employment Ordinance stipulates that an employee having been employed under a continuous contract for not less than three months immediately preceding a statutory holiday is entitled to the holiday pay. Holiday pay should be paid to the employee not later than the day on which he is next paid his wages after that statutory holiday. Failing which the employer is liable on conviction to a maximum fine of $50,000.
Ends/Tuesday, January 6, 2009
Issued at HKT 18:00
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