Employment Ordinance

(1)
Where the wages of an employee who is employed by a
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 the principal contractor, within 60 days (or such other additional period not exceeding 90 days as the Commissioner may permit) after the date on which the wages become due, a notice in writing stating the—
(Amended
48 of 1984 s. 22
)
(a)
name and address of the employee;
(b)
name and address of his employer;
(c)
address of the place of employment of the employee;
(d)
particulars of the work in respect of which the wages are due; and
(e)
amount of wages due and the period to which they relate.
(2)
A principal contractor who receives a notice under subsection (1) from an employee of a sub-contractor shall, within 14 days after the receipt of the notice, serve a copy of the notice on every superior sub-contractor to that sub-contractor (if any) of whom he is aware.
(3)
A principal contractor and superior sub-contractor (if any) shall not be liable to pay any wages under
section 43C
to the employee of a sub-contractor if that employee fails to serve a notice on the principal contractor under subsection (1).
(4)
A principal contractor who without reasonable excuse fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine at level 5.
(Amended
24 of 1988 s. 2
;
103 of 1995 s. 14
)