1977-HKRS28-16-25_Part03 — Page 33

Narkot by employee to pined CODIFICACE.

Employer

to supply Internation

ann requeat of eritplayée,

Recovery of weeks mald by principal

of superior sub-contractor.

4

may direct, or, in the absence of any direction, not later than 30 days after the making of the award or order.

43D. (1) Where the wages of an employee who is employed by a sub-contractor are not paid by his employer within the period specified in section 23, 24 or 25, as the case may be, the employee shall serve on the principal contractor, within 30 days for such other additional period not exceeding 90 days as the Commissioner may permit) after the date on which the wages become due, a notice in writing stating the--

(o) name and address of the employee,

(b) name and address of his employer;

(c) address of the place of employment of the employee; (d) particulars of the work in respect of which the

wages are due; and

(e) amount of wages due and the period to which they

retate.

(2) A principal contractor who receives a notice under subsection (1) from an employee of a sub-contractor shall, within 14 days after the receipt of the notice, serve a copy of the notice on every superior sub-contractor to that sub- contractor (if any) of whom he is aware.

(3) A principal contractor and superior sub-contractor (if any) shall not be liable to pay any wages under sec- tion 430 to the employee of a sub-contractor if that employee fails to serve a notice on the principal contractor under subsection (1)

(4) A principal contractor who without reasonable ex- cuse fails to comply with subsection (2) shall be guilty of an offence and shall be Gable on conviction to a fine of $5,000.

43E. (1) Where an employer who is a sub-contractor fails to pay, within the period specified in section 23, 24 or 25, as the case may be, any wages due to an employer employed by him on work which he has contracted to per- form, he shall within 7 days of the receipt of a written request made by the employee supply to the employee the name and address of the principal contractor and every superior sub-contractor to him and shall, within such 7 days' period, deliver a copy of the written request to the principal contractor and every superior sub-contractor to him,

(2) An employer who without reasonable excuse fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.

43F. (1) [£ a principal contractor or superior sub- contractor pays to an employee any wages under section 430, the wages so paid shall be a debt due by the employer of that employee to the principal contractor or superior sub- contractor, as the case may be.

(2) Any principal contractor or superior sub-contractor who pays to an employee any wages under section 430 may either-

Wability of Dunerbor nominated Sub-contractor KO DAY WRIKS of employee of nominated

-comacrora.

S

(a) claim contribution from every superior sub-con- tractor to the employer's employer or from the principal contractor and every other such superior sub-contractor as the case may be; or

(6) deduct by way of ser-off the amount paid by him from any sum duc or which may become due-

(i) to any sub-contractor to whom he has sub- contracted all or any part of work that he con- tracted to perform being work upon which the employee was cruployed,' and

(i) in respect of the work that he has sub- contracted.

(3) For the purposes of this section any amount (a) paid by a principal contractor or a superior sub-contractor by way of contribution under sub- section (2)a), or

(6) deducted by a principal contractor or a superior sub-contractor from any sum due by him by way of set-off under subsection (2X5),

shall be deemed to be payment by the principal contractor or superior sub-contractor who has paid the amount by way of contribution or by the superior sub-contractor who has suffered a deduction from any sum due to him by way of set-off to an employee of wages under section 43€,

Nominated sub-contractor's employees' wages

436. (1) Subject to this Part, if any wages become due to an employee who is employed by a nominated sub- contractor on any work which the nominated sub-contractor bas 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 wages shall be payable to the employes by every superior nominated sub-contractor to the nominated subcontractor by whom the employes is employed, joinlly and severally.

(2) The liability of a superior nominated sub-contracloT or superior nominated sub-contractors jointly and severally under subsection (1) shall be limited-

(a) to the wages of an employce whose employment relates wholly to the work which the main nom- inated sub-contractor has contracted to perform whether or not his place of employment is on the site of the building works; and

(b) to the wages due to such an employee for 2 months without any deductions under this Ordinance and such mooths shall be the first 2 months of the period in respect of which the wages are due to the employee.

(3) Subject to subsection (4) the wages payable under subsection (1) shall be paid by the superior nominated ube contractor mot later than 30 days after the date on which a notice under section 43H is received by him or service thereof is deemed to be cffected on him.