Employment Ordinance

(1)
Where the wages of an employee who is employed by a
nominated 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 main nominated sub-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 became due, a notice in writing containing the particulars specified in
section 43D(1)
.
(Amended
48 of 1984 s. 23
)
(2)
A main nominated sub-contractor who receives a notice under subsection (1) from an employee of a nominated sub-contractor shall, within 14 days after the receipt of the notice, serve a copy of the notice on every superior nominated sub-contractor to that nominated sub-contractor (if any) of whom he is aware.
(3)
A superior nominated sub-contractor shall not be liable to pay any wages under
section 43G
to the employee of a nominated sub-contractor if that employee fails to serve a notice on the main nominated sub-contractor under subsection (1).
(4)
A main nominated sub-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. 16
)