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Topasia Management Limited and Supply Chain & Logistics Technology Limited were fined $18,500 and $15,000 respectively at the Shatin Magistrates' Courts today (January 6) for wage and holiday offences under the Employment Ordinance. The prosecutions were launched by the Labour Department.
Topasia Management Limited failed to pay wages to an employee within seven days of the expiry of the wage period and the termination of employment. The amount of wages involved was about $8,600. In addition, the employer failed to grant the statutory holiday of Tuen Ng Festival to the employee.
Supply Chain & Logistics Technology Limited failed to pay wages to an employee within seven days after the termination of employment. The amount of wages involved was about $9,300.
According to Section 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 is liable to a maximum fine of $200,000 and imprisonment for one year.
Under Section 39 of the Employment Ordinance, all employees, irrespective of their length of service, are entitled to 12 statutory holidays a year.
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.
If the alternative holiday is to be granted within the 60 days before the statutory holiday, at least 48 hours' prior notice must be given to the employee before the alternative holiday. If the alternative holiday is to be granted within the 60 days after the statutory holiday, the 48 hours' prior notice must be given before the statutory holiday.
If the employer and employee agree, any day within 30 days of the statutory or alternative holiday may be taken by the employee as a substituted holiday.
Any employer who fails to grant statutory holidays is liable to a maximum fine of $50,000 for each offence.
Ends/Friday, January 6, 2006
Issued at HKT 18:29
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