- 11.
Noting that the levels of maximum fines under the Employment Ordinance and its subsidiary legislation, the Employment Agency Regulations, the Employment of Children Regulations and the Women and Young Persons (Industry) Regulations were last revised in 1988, a government spokesman said the question of inflation had also been taken into account when drawing up the proposals.
"It is proposed in the Bill to classify the various offences into three categories - minor, serious and very serious types for the purpose of determining the maximum fines," the spokesman said.
The proposed maximum fine for minor offences would be $10,000 while the existing maximum fine ranges from $5,000 to $10,000. An example of a minor offence is the failure to keep records or to produce documentary proof as required under the Employment Ordinance.
The existing maximum fine for serious offences ranges from $10,000 to $25,000 and this would be revised to a standardised amount of $50,000. An example of a serious offence is the failure to grant statutory benefits such as annual leave, long service payment, etc.
The maximum fine proposed for very serious offences are $100,000 while the existing level is between $25,000 and $100,000. Examples of very serious offences include unlawful dismissal, infringement of rights in respect of trade union membership or activities.
The Government also proposed to introduce a monetary penalty for employers contravening Section 33(4B) of the Employment Ordinance.
"Under this particular section of law, an employer will commit an offence if he terminates the contract of an employee while he or she is on sick leave in respect of which sickness allowance is payable.
"This penalty will be pitched at very serious level with a maximum fine of $100,000," the spokesman said.
Enquiries on the Employment (Amendment) (No. 4) Bill 1995 can be made to Mrs Judy Luk of the Labour Department's Labour Relations Division at 2852 3515.
End/Friday, October 20, 1995