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A director of Source Bonus Limited trading as a Chinese restaurant (·αΚΆΠω) was sentenced at the Kwun Tong Magistrates' Courts today (January 21) to 120 hours' community service for committing wage offences under the Employment Ordinance. He was also ordered by the court to clear the outstanding wages. The prosecution was launched by the Labour Department.
A spokesman for the Labour Department said that the judgment would send a strong message to directors or responsible persons of limited companies that they had a personal responsibility to ensure that wages were paid to employees in accordance with the Employment Ordinance.
"This is the first case in 2009 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.
Source Bonus Limited trading as a Chinese restaurant failed to pay wages of around $96,000 to seven employees within seven days after the expiry of the 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 or 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/Wednesday, January 21, 2009
Issued at HKT 17:57
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