-
6 -
TUESDAY, NOVEMBER 1, 1977
BETTER WAGE PROTECTION FOR WORKERS IN
BUILDING AND CIVIL ENGINEERING INDUSTRY
*****
WORKERS IN THE BUILDING AND CIVIL ENGINEERING CONSTRUCTION INDUSTRY GET BETTER WAGE PROTECTION FROM TODAY (TUESDAY) WITH THE COMING INTO OPERATION OF THE EMPLOYMENT (AMENDMENT) (NO. 4) ORDINANCE 1977.
THE NEW LEGISLATION WHICH WAS PASSED BY THE LEGISLATIVE COUNCIL IN JUNE THIS YEAR IMPOSES A VICARIOUS LIABILITY ON ALL PRINCIPAL CONTRACTORS, NOMINATED SUB-CONTRACTORS AND SUPERIOR SUB-CONTRACTORS TO PAY WAGES OWED TO SUB-CONTRACTORS' EMPLOYEES IN THE EVENT OF A DEFAULT IN PAYMENT OF WAGES BY THEIR SUB-CONTRACTORS.
UNDER THIS ORDINANCE 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 EVERY SUPERIOR SUB-CONTRACTOR TO THE DEFAULTING SUB-CONTRACTOR WITHIN 14 DAYS AFTER RECEIPT OF THE EMPLOYEES' NOTICE OF WAGE CLAIMS.
ON THE OTHER HAND, ALL SUB-CONTRACTORS IN THE CHAIN OF SUB-CONTRACTING ARE REQUIRED TO PROVIDE THE PRINCIPAL CONTRACTOR OR NOMINATED SUB-CONTRACTOR WITH INFORMATION RELATING TO THE EMPLOYEES CLAIMING UNPAID WAGES.
THE 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 OF EVERY SUPERIOR SUB-CONTRACTOR WITHIN SEVEN DAYS ON RECEIPT 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 SUBORDINATE SUB-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.
17