Employment (Amendment) Ordinance 2010 Gazetted

Employers are reminded not to fail to pay wages and entitlements underpinned by criminal sanctions under the Employment Ordinance.

The Employment (Amendment) Ordinance 2010, passed by the Legislative Council and gazetted already, states that an employer who wilfully and without reasonable excuse fails to pay any sum awarded by the Labour Tribunal and Minor Employment Claims Adjudication Board comprising wages and entitlements underpinned by criminal sanctions under the Employment Ordinance (EO) will be liable to prosecution.

If an employer fails to pay the sum within 14 days from the date on which it is due, he is liable to a maximum penalty of HK$350,000 and three years’ imprisonment, same as the highest penalty for wage offences under the Employment Ordinance.

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