Employment (Amendment) Ordinance 2010

The Employment (Amendment) Ordinance 2010 has come into operation on 29 October 2010.

Under the ordinance, an employer who wilfully and without reasonable excuse fails to pay any sum awarded by the Labour Tribunal or Minor Employment Claims Adjudication Board comprising wages and entitlements underpinned by criminal sanctions under the Employment Ordinance (EO) is liable to prosecution. An employer commits an offence if he wilfully and without reasonable excuse fails to pay the awarded sum within 14 days from the date on which it is due, and is liable to a maximum penalty of $350,000 and three years' imprisonment for the new offence, same as the maximum penalty for wage offences under the EO.

A Concise Guide to the Employment (Amendment) Ordinance 2010 (PDF)

Full text of the Employment (Amendment) Ordinance 2010 (PDF)

Employment (Amendment) Ordinance 2010 - Frequently Asked Questions with Answers (PDF)

The Criminal Liability of Employers Defaulting on Awards and the related "Without Reasonable Excuse" Clause (PDF) NEW!