1964_EMPLOYMENT_ORDINANCE — Page 63

62

CAP. 57]

Employment

[1988 Ed.

(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.

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

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

(4) A principal 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 $10,000. (Amended, 24 of 1988, s. 2)

Employer to supply information at request of employee

43E. (1) Where an employer who is a sub-contractor fails to pay, within the period specified in section 23, 24 or 25, as the case may be, any wages due to an employee employed by him on work which he has contracted 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 principal contractor and every superior sub-contractor to him and shall, within such 7 days' period, deliver a copy of the written request to the principal contractor and every superior 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 $10,000. (Amended, 24 of 1988, s. 2)

Recovery of wages paid by principal contractor or superior sub-contractor

43F. (1) If a principal contractor or superior sub-contractor pays to an employee any wages under section 43C, the wages so paid shall be a debt due by the employer of that employee to the principal contractor or superior sub- contractor, as the case may be.

(2) Any principal contractor or superior sub-contractor who pays to an employee any wages under section 43C may either-

(a) claim contribution from every superior sub-contractor to the em- ployee's employer or from the principal contractor and every other such superior sub-contractor as the case may be; 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 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.

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