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Ms Kwok Siu-ling trading as Chong Fung Chiu Chow Noodle Restaurant was fined $12,500 at the Kwung Tong Magistrates' Courts today (April 17) for committing offences including failing to pay annual leave pay and statutory holiday pay as well as failing to grant statutory holidays under the Employment Ordinance. The prosecution was launched by the Labour Department.
The employer failed to pay annual leave pay to an employee within seven days after the termination of employment. The employer also failed to grant three statutory holidays and pay another three days' statutory holiday pay to the employee.
According to Section 41D of the Employment Ordinance, annual leave pay due upon termination of employment shall be paid as soon as practicable, but in any case not later than seven days.
In addition, according to Section 39 of the ordinance, if an employee is required to work on a statutory holiday, his employer must arrange an alternative holiday within the 60 days before or after the statutory holiday.
Meanwhile, 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.
Any employer who fails to grant statutory holidays or fails to pay holiday pay or annual leave pay is liable to a maximum fine of $50,000.
The Labour Department urged employees who are owed wages or being deprived of statutory rights to call its complaint hotline, 2815 2200 immediately.
Ends/Thursday, April 17, 2008
Issued at HKT 17:58
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