1988 Ed.]
Employment
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(3) For the purposes of this section any amount--
(a) paid by a principal contractor or a superior sub-contractor by way of contribution under subsection (2)(a), or
(b) deducted by a principal contractor or a superior 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 principal contractor or superior sub-contractor who has paid the amount by way of contribution or by the superior sub-contractor who has suffered a deduction from any sum due to him by way of set-off to an employee of wages under section 43C.
Nominated sub-contractor's employees' wages
Liability of superior nominated sub-contractor to pay wages of employees of nominated sub-contractors
43G. (1) Subject to this Part, if any wages become due to an employee who is employed by a nominated sub-contractor on any work which the nominated 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 by every superior nominated sub-contractor to the nominated sub-contractor by whom the employee is employed, jointly and severally.
(2) The liability of a superior nominated sub-contractor or superior nominated 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 main nominated sub-contractor has contracted to perform whether or not his place of employment is 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 superior nominated sub-contractor not later than 30 days after the date on which a notice under section 43H 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.
Notice by employee to main nominated sub-contractor
43H. (1) Where the wages of an employee who is employed by a nominated 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
1988 Ed.]
Employment
[CAP. 57
63
(3) For the purposes of this section any amount--
(a) paid by a principal contractor or a superior sub-contractor by way of
contribution under subsection (2)(a), or
(b) deducted by a principal contractor or a superior 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 principal contractor or superior sub-contractor who has paid the amount by way of contribution or by the superior sub-contractor who has suffered a deduction from any sum due to him by way of set-off to an employee of wages under section 43C.
Nominated sub-contractor's employees' wages
Liability of superior nominated sub-contractor to pay wages of employees of nominated sub-contractors
43G. (1) Subject to this Part, if any wages become due to an employee who is employed by a nominated sub-contractor on any work which the nominated 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 by every superior nominated sub-contractor to the nominated sub-contractor by whom the employee is employed, jointly and severally.
(2) The liability of a superior nominated sub-contractor or superior nominated 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 main nominated sub-contractor has contracted to perform whether or not his place of employment is 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 superior nominated sub-contractor not later than 30 days after the date on which a notice under section 43H 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.
Notice by employee to main nominated sub-contractor
43H. (1) Where the wages of an employee who is employed by a nominated 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
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