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A director of Eagle World International Holdings Limited, trading as Very Nail & Skin Clinic, was sentenced to 160 hours' community service order for wage offences under the Employment Ordinance at the Eastern Magistrates' Courts today (November 29). The prosecution was launched by the Labour Department.
A spokesman for the Labour Department said that the judgement would send a strong message to directors or responsible persons of limited companies that they have a personal responsibility to ensure that wages are paid to employees in accordance with the Employment Ordinance. "This is the fifth occasion in 2010 that a community service order has been imposed on a director or responsible person of a limited company for committing wage offences. It shows that the courts are attaching more importance to such offences. Employers should not defy the law," he said.
Eagle World International Holdings Limited, trading as Very Nail & Skin Clinic, failed to pay about $50,000 in wages to five employees within seven days after the expiry of wage period and the termination of employment as required by the Employment Ordinance. The Labour Department investigated the case and evidence showed that the wage offences were committed with the director's consent, connivance or were attributable to his neglect.
According to sections 23 and 25 of the Employment 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 commits an offence.
In addition, section 64B of the ordinance stipulates that where any wage payment offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, they shall be guilty of a like offence. Offenders are liable to prosecution and, upon conviction, to a maximum penalty of a fine of $350,000 and imprisonment for three years.
"The Labour Department does not tolerate wage offences and spares no effort in prosecuting employers and directors or responsible persons of limited companies who defy the law," the spokesman said.
Employees who are owed wages should call the Labour Department's complaint hotline, 2815 2200, immediately.
Ends/Monday, November 29, 2010
Issued at HKT 15:55
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