【法规名称】
【法规编号】 79981 什么是编号？
【正 文】
第2页 CAP 63 TRADE BOARDS ORDINANCE
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[接上页] Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) Where any minimum rate of wages has been fixed by the Chief Executive in Council under this Ordinance, an employer shall, in cases to which the minimum rate is applicable, pay wages to the person employed at not less than the minimum rate clear of all deductions, and if he fails to do so shall be liable on summary conviction in respect of each offence to a fine of $500 and to a fine of $50 for each day on which the offence is continued after conviction therefor. (Amended 22 of 1950 Schedule; 54 of 2000 s. 3) (2) On the conviction of an employer under this section for failing to pay wages at not less than the minimum rate to a person employed, the court may by the conviction adjudge the employer convicted to pay, in addition to any fine, such sum as appears to the court to be due to the person employed on account of wages, the wages being calculated on the basis of the minimum rate, but the power to order the payment of wages under this provision shall not be in derogation of any right of the person employed to recover wages by any other proceedings. (3) Where an employer has been convicted for failing to pay wages at not less than the minimum rate to any worker, then, if notice of intention so to do has been served with the summons, warrant, or complaint, evidence may be given of any failure on the part of the employer to pay wages at not less than the minimum rate to that worker at any time during the two years immediately preceding the date on which the information was laid or the complaint was served, and on proof of the failure the court may order the employer to pay such sum as in the opinion of the court represents the difference between the amount which, having regard to the provisions of this Ordinance, ought properly to have been paid to the worker by way of wages during those years and the amount actually so paid. [cf. 1918 c. 32 s. 9(1) U.K.] (4) It shall be the duty of every employer in a trade to which a minimum rate is applicable, to keep such records of wages as are necessary to show that the provisions of this Ordinance are being complied with as respects persons in his employment, and if he fails to do so he shall be liable on summary conviction in respect of each offence to a fine of $500 and also to a fine of $25 for every day during which the default continues after conviction. (Amended 22 of 1950 Schedule) (5) On any prosecution of a person for failing to pay wages at not less than the minimum rate, it shall lie on that person to prove that he has not paid wages at less than the minimum rate. (6) Any agreement for the payment of wages in contravention of this provision shall be void. [cf. 1909 c. 22 s. 6 U.K.] Cap 63 s 6 Liability of agents and other persons (1) Where an offence for which an employer is by virtue of this Ordinance liable to a fine has in fact been committed by some agent of the employer or other person, that agent or other person shall be liable to be proceeded against for the offence in the same manner as if he were the employer, and either together with, or before or after the conviction of, the employer, and shall be liable on conviction to the same punishment as that to which the employer is liable. (2) Where an employer who is charged with an offence against this Ordinance proves to the satisfaction of the court that he has used due diligence to enforce the execution of the Ordinance, and that the offence was in fact committed by his agent or some other person without his knowledge, consent, or connivance, he shall, in the event of the conviction of that agent or other person for the offence, be exempt from any fine in respect of the offence, without prejudice, however, to the power of the court under subsections (2) and (3) of section 5 to adjudge him to pay any sum which appears to the court to be due to the person employed on account of wages. (3) Where the immediate employer of any worker to whom a minimum rate of wages applies is himself in the employment of some other person and that worker is employed on the premises of that other person, that other person shall for the purposes of the provisions of this Ordinance relating to the penalty for not paying wages in accordance with the minimum rate be deemed to be the employer of the worker jointly with the immediate employer. [cf. 1918 c. 32 s. 5 U.K.] Cap 63 s 7 Provision for case of persons employed by piece-work where a minimum time-rate but no general minimum piece-rate has been fixed Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) An employer shall, in cases where persons are employed on piece-work and a general minimum time-rate but no general minimum piece-rate has been fixed, be deemed to pay wages at less than the minimum rate- (a) in cases where a special minimum piece-rate has been fixed under the provisions of this Ordinance for persons employed by that employer, if the rate of wages paid is less than that special minimum piece-rate; and |
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