2
(a) any building, dock, pier, bridge, viaduct or other
structure; or
(6) any harbour or port works, reclamation, road,
tunnet, sewer, draid, well or waterworks,
and any lostallation works in respect of such building works;
"main nominated sub-contractor" means a dominated sub- contractor who enters into a contract, express or implied, directly with a principal contractor to perform all or any part of the work which the principal contractor has contracted to perform;
"oominated sub-contractor" means-
(a) any person—–
6) who enters into a contract, express or implied. with a principal contractor to perform all or any part of the work which the principal contractor has contracted to perform; or
(ii) who enters into a contract, express or implied, to perform all or any part of the work which a person referred to in sub-paragraph (1) has con- iracled to perform,
who is nominated by an owner or occupier of property, or by an agent or authorized architect, surveyor or civit, municipal or structural engineer of such owner or occupier; and
(b) any person who subsequently eaters into a contract, express or implied, to perform all or any part of the work agreed to be performed by a nominated sub-contractor within the meaning of paragraph (a) of this definition;
"principal contractor" means a person who enters into a contract directly with an owner or occupier of property. or with an agent or authorized architect, surveyor or civil, municipal or structural engineer of such "owner or occupier, to perform any work for such owner or occupier:
“sub contractor" means—~
(a) any person who enters into a contract, express or implied, with a principal contractor to perform all or any part of the work which the principal con- tractor has contracted to perform; and
(b) any other person who enters into a contract, cx- press or implied, to perform all or any part of the work which a sub-contractor within the meaning of paragraph (a) bas contracted to perform.
but does not include a nominated sub-contractor; "work" mean9–
(a) building works; and
(b) the supply of manual labour for the purposes of
or in connexion with building works.
(2) For the purposes of this Part-
(a) a sub-contractor is a superior sub-contractor to another sub-contractor if all or any part of the work which he contracted to perform is sub-
Applicados.
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contracted to that other sub-contractor, whether or not such work is performed by that other sub- contractor or further sub-contracted by that other aub-contractor;
(b) a dominated sub-contractor is a superior nominated sub-contractor to another nominated sub-contractor if all or any part of the work which he contracted to perform is sub-contracted to that other nominated sub-contractor, whether or not such work is per- formed by that other nominated subcontractor or further sub-contracted by that other mominated sub-contractor.
438. This Part shall not apply to wages for any work for which a contract was entered into by a principal con- tractor, nominated sub-contractor or sub-contractor prior to the commencement of the Employment (Amendment) (No. 4) Ordinance 1977.
Sub-contractor's employeer wages
43C. (1) Subject to this Part, if any wages become due to an employer who is employed by a sub-contractor on any work which the sub-contractor has contracted to perform, and such wages are not paid within the period specified in section 23, 24 or 25, as the case may be, such wagca shall be payable to the employee-
(2) where the sub-contractor has contracted with the principal contractor, by the principal contractor; and
(6) where the sub-contractor has contracted with a superior sub-contractor, by the principal contractor and every superior sub-contractor to the sub- contractor, jointly and severally.
(2) The Dability of a principal contractor and of a principal contractor and superior sub-contractor or superior sub-contractors jointly and severally under subsection (1) shall be limited--
(a) to the Wages of an employee whose employment relates wholly to the work which the "principal contractor has contracted to perform and whose place of employment is wholly on the site of the building works; and
(5) to the wages due to such an employee for 2 months without any deductions under this Ordinance and such months shall be the first 2 months of the period in respect of which the wages are due to the employes.
(3) Subject to subsection (4) the wages payable under subsection (1) shall be paid by the principal contractor or superior sub-contractor, as the case may be, not later than 30 days after the date on which a notice under section 43D is reccived by him or service thereof is deemed to be effected on him.
(4) Where any claim in respect of the wages payable under subsection (1) in filed with the Labour Tribunal and an award or order is made in favour of the employee, the wages shall be paid within such time as the Labour Tribunal