TNAG-0662-FCO40-811-Legislation-on-immigration-in-Hong-Kong-1977 — Page 71

Employer

to supply

information

at request

EMPLOYMENT (AMENDMENT) (NO. 4)

of employee.

Recovery of wages paid by superior nominated sub-contractor.

Ord. No. 54/77

A217

(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 $5,000.

431. (1) Where an employer who is a nominated sub- contractor fails to pay, within the period specified in sec- tion 23, 24 or 25, as the case may be, any wages due to an employee employed by him on work which he has con- 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 to 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.

43J. (1) If a superior nominated sub-contractor pays to an employee any wages under section 43G, the wages so 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 43G may either-

(a) claim contribution from every other superior nom- inated sub-contractor to the employee's employer; or

(b) deduct by way of set-off the amount paid by him.

from any sum due or which may become due-

(i) to any nominated 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

(ii) in respect of the work that he has 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

(b) deducted by a superior nominated sub-contractor from any sum 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.