TNAG-0662-FCO40-811-Legislation-on-immigration-in-Hong-Kong-1977 — Page 68

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Ord. No. 54/77

Liability of principal contractor and superior sub-contractor to pay wages of employees of sub- contractors.

Notice by employee to principal contractor.

EMPLOYMENT (AMENDMENT) (NO. 4)

Sub-contractor's employees' wages

43C. (1) Subject to this Part, if any wages become due to an employee who is employed by a sub-contractor on any work which the sub-contractor has 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 employee-

(a) where the sub-contractor has contracted with the principal contractor, by the principal contractor; and

(b) where the sub-contractor has contracted with a superior sub-contractor, by the principal contractor and every superior sub-contractor to the sub- contractor, jointly and severally.

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

(a) to the wages of an employee whose employment relates wholly to the work which the principal contractor has contracted to perform and whose place of employment is wholly 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 months 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 principal contractor or superior sub-contractor, as the case may be, not later than 30 days after the date on which a notice under section 43D is received by him or service thereof is deemed to be effected on him.

(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 employee, 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.

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 (or 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-

(a) 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

relate.

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