【法规名称】
【法规编号】 58700 什么是编号？
【正 文】
第2页 CAP 478S MERCHANT SHIPPING (SEAFARERS) (WAGES AND ACCOUNTS) REGULATION
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[接上页] (ii) an opportunity to make representations about the deduction to the employer or to the master; or(b) if the seafarer has not been given such notice and opportunity, send to the seafarer by post at his last known address a notice of deduction complying with subsection (4).(4) A notice of deduction shall state that the employer is satisfied on reasonable grounds that there has been a breach or breaches, as the case may be, of the seafarer's obligations under the crew agreement and that, subject to the provisions of sections 5, 6, 7 and 8, the deduction specified in the notice appears to the employer to be authorized to be made from the wages due to the seafarer under the crew agreement; and such notice shall also- (a) identify each provision of the crew agreement of which the employer is satisfied on reasonable grounds that there has been a breach and in respect of which he intends to make a deduction; (b) state the grounds upon which the employer is satisfied that each such breach has taken place; (c) specify, with sufficient particulars to show how it is calculated, the amount of the actual expense or pecuniary loss incurred or sustained by the employer in respect of each such breach or, if that amount exceeds $10000, with sufficient particulars to show that it exceeds $10000; and (d) specify the total amount of the deduction proposed to be made. (Enacted 1995) Cap 478S SCHEDULE [section 4] PARTICULARS TO BE SHOWN IN THE ACCOUNT OF WAGES TO BE DELIVERED TO A SEAFARER UNDER SECTION 85(1) and (4) OF THE ORDINANCE Particulars of the seafarer and of the Hong Kong ship 1. Name of the seafarer and- (a) the number of his current employment registration book, service record book or discharge book (if any); and (b) his reference number in the crew agreement.2. Name of the Hong Kong ship and its official number. Particulars of employment 3. Capacity in which the seafarer was employed. 4. Dates when employment commenced and ceased and total period of employment in which wages were earned, showing separately the dates of the beginning and end of any period in which wages were not earned. Allotments 5. Sums payable under each allotment note, date when the first payment was due, the intervals between payments, and the total of all such sums. Gross wages 6. Total amount of gross wages earned, with, shown separately and with sufficient detail to indicate how each amount is calculated, the total amounts in respect of- (a) the wages at the rate specified in the crew agreement; (b) increase in wages; (c) overtime; (d) leave pay; (e) subsistence; and (f) any other earnings during the period of employment. Deductions 7. Deductions authorized by sections 5 and 6 of this Regulation, specifying the nature of the deduction and showing the total amount in respect of each deduction. 8. Fines deducted pursuant to section 108 of the Ordinance. 9. Deductions authorized by enactments other than the Ordinance, specifying the nature of the deduction and showing the total amount in respect of each deduction. 10. Total of amounts deducted from gross wages. Net wages 11. Total amount of net wages payable. (Enacted 1995) |
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