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Hang Kee Construction & Engineering Company Limited was fined $596,000 at the Fanling Magistrates' Courts today (August 25) for wage, holiday and holiday pay offences under the Employment Ordinance. The prosecution was taken out by the Labour Department.
The employer failed to pay wages to nine employees within seven days after the expiry of the wage periods and the termination of employment as required by the Employment Ordinance. In addition to paying the fines, the employer was ordered by the court to clear the outstanding wages of $333,700.30 via court.
The employer also failed to grant the statutory holidays of Lunar New Year's Day, the second day of the Lunar New Year and the third day of the Lunar New Year to one of the employees, and failed to pay him the corresponding holiday pay. The employer also failed to pay holiday pay of Ching Ming Festival to six of the employees in accordance with the Employment Ordinance.
According to sections 23 and 25 of the Employment Ordinance, wages due upon the expiry of the wage period and the 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.
Any employer who fails to comply with the requirements of sections 39 or 40 of the Employment Ordinance regarding the granting of statutory holiday or the payment of holiday pay is liable to a maximum fine of $50,000 for each offence.
Ends/Tuesday, August 25, 2009
Issued at HKT 17:15
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