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IN
SATURDAY, AUGUST 20, 1977
WORKERS WAGE PROTECTION LAW EFFECTIVE NOVEMBER
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THE EMPLOYMENT (AMENDMENT) (NO. 4) ORDINANCE 1977, WHICH PROTECTS WORKERS AGAINST DEFAULT IN WAGE PAYMENT BY BUILDING AND CONSTRUCTION SUB-CONTRACTORS WILL COME INTO FORCE ON NOVEMBER 1, IT WAS ANNOUNCED IN THE GOVERNMENT GAZETTE.
THE ORDINANCE, ENACTED IN JUNE THIS YEAR, IMPOSES A VICAR FOUS LIABILITY ON ALL PRINCIPAL CONTRACTORS, NOMINATED SUB-CONTRACTORS AND SUPERIOR SUB-CONTRACTORS TO PAY WAGES TO SUB-CONTRACTORS' EMPLOYEES IN THE EVENT OF DEFAULT IN PAYMENT OF WAGES BY THEIR SUB-CONTRACTORS.
THIS LIABILITY WILL BE LIMITED TO TWO MONTHS' UNPAID WAGES OWED TO WORKERS ON THE SITE.
UNDER THE NEW LAW, EMPLOYEES WHO ARE OWED WAGES MUST NOTIFY THE PRINCIPAL CONTRACTOR OR NOMINATED SUB-CONTRACTOR OF THEIR WAGE CLAIMS IN WRITING WITHIN 30 DAYS OF THE WAGES BECOMING DUE.
THE PRINCIPAL CONTRACTOR MUST, IN TURN, NOTIFY ANY SUPERIOR SUB-CONTRACTOR ABOUT THE DEFAULTING SUB-CONTRACTOR WITHIN 14 DAYS AFTER RECEIPT OF THE EMPLOYEES' NOTICE OF WAGE CLAIMS.
ALL SUB-CONTRACTORS IN THE CHAIN OF SUB-CONTRACTING ARE ALSO REQUIRED TO PROVIDE THE PRINCIPAL CONTRACTOR WITH INFORMATION RELATING TO THE EMPLOYEES CLAIMING UNPAID WAGES IN ORDER TO ENABLE THE PRINCIPAL CONTRACTOR TO ASCERTAIN WHETHER HE WAS IN FACT PAYING WAGES TO THE RIGHT PARTIES.
THE NEW LAW ALSO REQUIRES AN EMPLOYER WHO IS A SUB-CONTRACTOR TO SUPPLY HIS EMPLOYEES WITH THE NAME AND ADDRESS OF THE PRINCIPAL CONTRACTOR OR NOMINATED SUB-CONTRACTOR AND OF EVERY SUPERIOR SUB-CONTRACTOR WITHIN SEVEN DAYS OF A WRITTEN REQUEST.
THE PRINCIPAL CONTRACTOR, NOMINATED SUB-CONTRACTOR OR SUPERIOR SUB-CONTRACTOR WILL HAVE THE RIGHT TO RECOVER ANY MONEY PAID OUT IN WAGES FROM THE DEFAULTING CONTRACTOR AS A CIVIL DEBT.
HE CAN ALSO CLAIM CONTRIBUTION FROM OTHERS LIABLE OR DEDUCT, BY WAY OF SET-OFF, THE AMOUNT PAID BY HIM FROM ANY SUM DUE TO A SUB-CONTRACTOR WITH WHOM HE HAS ENTERED INTO A SUB-CONTRACT.
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