Former employer of foreign domestic helper fined and sentenced to imprisonment for offences under Employment Ordinance and Employees' Compensation Ordinance
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     The former employer of a foreign domestic helper (FDH) convicted of 11 charges on non-payment of wages and non-grant of statutory holidays and rest days as well as failure to take out an employees' compensation insurance policy was sentenced to four months' imprisonment, in addition to a fine of $15,000, today (February 27) in the District Court. Together with eight other convictions on charges of assault and intimidation lodged by the Police, the former employer was sentenced to a total of six years' imprisonment. Apart from the above, the said employer has also cleared the helper's outstanding wages, amounting to around $28,800, in accordance with the court order issued under section 65 of the Employment Ordinance.

     A spokesman for the Labour Department said today, "The sentence today disseminates a strong message to all employers that they are criminally liable for their failure to effect payment of wages, or to grant statutory holidays or rest days to their employees as required by the Employment Ordinance, or to take out an employees' compensation insurance policy under the Employees' Compensation Ordinance, which are serious offences.

     "If employees, including FDHs, suspect that they have been deprived of statutory or contractual employment rights and benefits, they should promptly make a report to the Labour Department, assist in investigation and give evidence to protect their interests. The Labour Department will not tolerate any unlawful acts of employers and will take stringent enforcement and prosecution actions against employers who fail to comply with the labour law."

     To enhance the awareness of FDHs and employers of their respective rights and obligations, the Labour Department has stepped up publicity and promotional efforts, with emphasis on educating FDHs on the ways to deal with situations of intrusion of personal safety as well as to seek redress from government channels.

     Furthermore, the Labour Department has also strengthened collaboration with consulates-general of major FDH-exporting countries in Hong Kong. "We have been joining the briefings for newly arrived FDHs and cultural events organised by these consulates-general from time to time, and have established a regular liaison mechanism with them for information sharing and co-ordination of relevant educational and publicity activities," the spokesman added.

     The Labour Department reminded all employers of FDHs to fulfil their statutory responsibilities and not to defy the law.

Ends/Friday, February 27, 2015
Issued at HKT 19:41

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