1977-HKRS28-16-25_Part03 — Page 34

Notley by camnky or KO MALA tidloated sub-contractor.

Employer

Do Supply

information

int request ot copløyse.

Recovery of

wages paid

by superior nominated agb-contractor.

6

(4) Where any claim in respect of the wages payable under subsection (1) is filed with the Labour Tribunal and an award or order is made in favour of the employes, the wages shall be paid within such time as the Labour Tribunal may direct, or, in the absence of any direction, not later than 30 days after the making of the award or order.

43. (1) Where the wages of an employee who j employed by a nominated 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 main nominated sub-contractor, within 30 days for such other additional period not exceeding 90 days as the Com missioner may permit) after the date on which the wages became due, a notice in writing containing the particulars specified in section 43D(1),

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

(3) A superior nominated sub-contractor shall not be liable to pay any wages under section 43G to the employee of a nominated sub-contractor if that employee fails to serve a notice on the main nominated sub-contractor under sub- section (1).

(4) A main nominated sub-contractor who without reasonable excuse fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of 55,000,

43L (1) Where an employer who is a nominated sub- contractor fails to pay, within the period specified in sec- tion 33, 24 or 25, as the case may be, any wager due to an employee employed by him on work which he has coo- tracted to perform, 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 main nominated sub-contractor and every superior nominated sub-contractor La him and shall, within such 7 days' period, deliver a copy of the written request to the main nominated sub-contractor and every superior nominated 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.

434. (1) TE a superior nominated sub-contractor pays to an employee any wages under section 430, the wages ao paid shall be a debt due by the employer of that em- ployee to the superior nominated sub-contractor.

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

(a) claim contribution from every other superior nom- inated sub-contractor to the employee's employer; or (5) deduct by way of sel-off the amount paid by him

from any sum due or which may become due-

Cexation of cmployer' Gability for wages paid by principal

CHITECTON, auperior Sub-CODECSUTOU

pr superior namlmaced WN-CODEctor.

Service of dolce.

Employer' rabu waminat employer bOL adected.

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✪ to any nomitialed sub-contractor to whom he has sub-contracted all or any part of work that he contracted to perform being work upon which the employee was employed; and

() in respect of the work that be bas sub- contracted.

(3) For the purposes of this section any amount- (a) paid by a superior nominated sub-contractor by

way of contribution under subsection (2)(a), or

(8) deducted by a superior nominated sub-contractor from any som due by him by way of set-off under subsection (2)(b),

shall be deemed to be payment by the superior nominated sub-contractor who has paid the amount by way of con- tribution or has suffered a deduction from any sum due to him by way of set-off to an employee of wages under section 43G.

General

43K. Where any wages are paid to an employee by a principal contractor or superior sub-contractor under sec- lion 430 or by a superior" nominated sub-contractor under section 430, the liability of the employer shall, subject to sections 43F(1) and 430(1), cease,

43L. (1) A notice under section 43D or 43H may be served on a principal contractor or a main nominated sub- coptractor respectively and a request under section 43E or 431 may be served on an employer-

(a)) by delivering it to him personally;

(b) by leaving it at his usual address or last known

residential or business address; or

(c) by sending it to him by registered post to any

address referred to in paragraph (5),

(2) Service under subsection (1)(b) shall be deemed to have been effected on the day on which the notice or request is left at the premises.

43M, Nothing in this Part shall prejudice the right of an employee to recover any wages due to him by an employer directly from the employer.".

3. The Labour Tribunal Ordinance is amended in the Schedule by Amendment of inserting after paragraph 4 the following new paragraph-

"5. Any question as to-

(a) the right of an employee to payment of wages by a person

other than bis cumployer under Part IXA of the Employment Ordinance; and

(b) the amount of such payment.".

the Labour

Tribuost

Ordinanc

(Cap. 25.)