XN000022-1987-06-10 — Page 10

WEDNESDAY, JUNE 10, 1987

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WAYS TO CLAIM PAY OUTLINED

THERE ARE THREE POSSIBLE WAYS IN WHICH THE GOVERNMENT CAN ASSIST EMPLOYEES WHOSE EMPLOYERS FAIL то MAKE PAYMENTS AWARDED ΤΟ THEM BY THE LABOUR TRIBUNAL WITHIN A SET PERIOD OF TIME, THE ACTING SECRETARY FOR EDUCATION AND MANPOWER, THE HON MICHELANGELO PAGLIARI, TOLD THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

REPLYING TO A QUESTION BY THE HON PANG CHUN-HOI, MR PAGLIARI SAID FIRSTLY, THE EMPLOYEE COULD APPROACH THE LABOUR DEPARTMENT WITH THE CERTIFICATE OF AWARD WHICH HAD BEEN ISSUED BY THE LABOUR TRIBUNAL.

HE SAID THE LABOUR DEPARTMENT WOULD LETTER TO THE EMPLOYER REMINDING HIM THAT THE AND OTHER RELATED BENEFITS WAS AN OFFENCE ORDINANCE.

"IF THE EMPLOYER IGNORES THIS WARNING. INSTITUTED AGAINST HIM IN A MAGISTRATE'S COURT,

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THEN ISSUE A WARNING NON PAYMENT OF WAGES UNDER THE EMPLOYMENT

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PROSECUTION WILL BE MR PAGLIARI SAID.

'EXPERIENCE HAS SHOWN THAT IN MOST CASES OF THIS KIND EMPLOYERS WILL PAY THE SUM AWARDED BY THE LABOUR TRIBUNAL.

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HE SAID HOWEVER, THAT A MAGISTRATE'S COURT DID NOT HAVE THE POWER TO ENFORCE AN AWARD BUT ONLY TO IMPOSE AN APPROPRIATE PENALTY.

"SECONDLY, IF THE EMPLOYER CONTINUES TO FAIL TO PAY AN AWARD THE EMPLOYEE MAY, IF HE QUALIFIES, OBTAIN THE ASSISTANCE OF THE LEGAL AID DEPARTMENT TO HELP HIM TO ENFORCE THE AWARD THROUGH A DISTRICT COURT," HE SAID.

THIRDLY, HE SAID IF THE NON PAYMENT WAS BECAUSE OF THE INSOLVENCY OF THE EMPLOYER, THE EMPLOYEE COULD APPROACH THE PROTECTION OF WAGES ON INSOLVENCY FUND FOR THE PAYMENT OF OUTSTANDING WAGES.

MR PAGLIARI SAID HE INTENDED TO SCOPE OF THE FUND TO COVER WAGES IN LEGISLATIVE COUNCIL MEETING.

INTRODUCE A BILL TO EXTEND THE LIEU OF NOTICE AT THE NEXT

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