Employment Disputes
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G. Employment (Amendment) Ordinance 2010

The Employment (Amendment) Ordinance (“Amendment Ordinance”) came into effect on 29 October 2010.

The main objective of the Amendment Ordinance is to create an offence relating to an employer’s failure to pay any sum awarded by the Labour Tribunal or Minor Employment Claims Adjudication Board (collectively called “the Tribunal”) containing any specified entitlements, such as wages, annual leave pay, end of year payment, severance payment, long service payment, etc to further safeguard the interests of employees.

Under the Amendment Ordinance, an employer who willfully and without reasonable excuse fails to pay the awarded sum within 14 days after it becomes due is liable to prosecution and, upon conviction, to a fine of $350,000 and imprisonment for three years.

The Labour Department has issued a bilingual booklet on the legislative changes. For details, please click here.

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