XN000022-1996-06-05 — Page 64

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As regards part (a) of the question, the Government has no statistics specifically on the number of employees who fail to recover from their employers the amount awarded to them by the Labour Tribunal. The only statistics available are the total number of judgement creditors (comprising both employers and employees) who are issued with certificates of award to enable them to register their awards in the District Court with a view to enforcing them. The number of Certificates of Award issued in the past three years are as follows:

Year

1993

1994

1995

Certificates of Award issued

313

447

584

Although no breakdown is available, it is likely that most of these certificates are issued to the employees.

As regards part (b) of the question, the fees for the enforcement of an award against a judgement debtor are prescribed under the District Court Civil Procedure (Fees) Rules. To enforce an award, the claimant has to commence a Miscellaneous Proceeding in the District Court at a filing fee of $630. If the claimant decides to apply for the execution of a writ fi. fa. to seize and sell the personal goods and chattels belonging to the employer, he has to pay a deposit for security guard fees ($2,800 for urban area and $3,200 for rural area) to cover the cost of watchman ($330 per day) and the transportation expenses incurred. The deposit will be refunded if the watchman is eventually not required.

The existing fees are inadequate to cover the Government's cost of providing the above services. We therefore do not consider it appropriate to reduce the fees. Nonetheless, all the charges will eventually be borne by the defendant i.e. the employer or judgement debtor, unless the enforcement of the award is not successful.

As regards part (c) of the question, the Government has put in place a number of channels through which an employee who fails to receive an award made in his favour by the Labour Tribunal can seek to recover such payment.

If the employer concerned has become insolvent, the employee can approach the Labour Relations Service of the Labour Department for assistance. The Labour Department will refer the employee to the Legal Aid Department for assistance in initiating winding-up or bankruptcy proceedings against the employer and to apply for ex-gratia payment from the Protection of Wages on Insolvency Fund. An employee will normally receive payment from the Fund within one month after the filing of the winding-up or bankruptcy petition, or after the Legal Aid Department recommends payment without a petition.