Employment Ordinance

(1)
Any employer who wilfully and without reasonable excuse contravenes any of the provisions of
section 11E
or
11F(3)
or (4) shall be guilty of an offence.
(Amended
71 of 1970 s. 4
;
48 of 1984 s. 26
;
24 of 1988 s. 2
)
(2)
Any employer
who—
(a)
without reasonable excuse,
fails—
(i)
to grant to any employee any rest day which he is required to grant under Part IV; or
(ii)
(Repealed
103 of 1995 s. 19
)
(b)
contravenes
section 19
,
shall be guilty of an offence.
(Added
23 of 1970 s. 4
)
(3)
Any person who wilfully contravenes
section 67(2)
shall be guilty of an offence.
(Added
71 of 1970 s. 4
)
(4)
Any employer who without reasonable excuse
fails—
(a)
to grant to any employee any holiday which he is required to grant under
section 39
; or
(b)
to pay to any
employee—
(i)
any sickness allowance which he is required to pay under
section 33
; or
(ii)
any holiday pay which he is required to pay under
section 40
or
40A(2)
; or
(Amended
48 of 1984 s. 26
)
(c)
to give to any employee any leave which he is required to grant or allow by
section 41AA
or
41F(3)
; or
(Replaced
53 of 1990 s. 5
)
(d)
to grant to any employee any rest day or holiday which he is required to grant under
section 41AA(6)
; or
(Amended
53 of 1990 s. 5
)
(e)
to pay to an
employee—
(i)
pay as regards leave which he is required to grant or allow under
section 41AA
or
41F(3)
; or
(ii)
a sum or compensation which he is required to pay under
section 41D
,
(Replaced
53 of 1990 s. 5
)
shall be guilty of an offence.
(Added
39 of 1973 s. 6
. Amended
53 of 1977 s. 7
)
(5)
Any person who contravenes
section 40A(1)
or
41B
shall be guilty of an offence.
(Replaced
103 of 1995 s. 19
)
(5A)
Any person
who—
(a)
fails to comply with a requirement made by any officer under any of the provisions of
section 72
other than subsection
(1
)(
a)
, (b) and (c) of that section;
(Amended
31 of 1992 s. 2
)
(b)
wilfully or recklessly gives information which is false in a material particular or withholds information as to any of the matters in respect of which information is required to be given under any of the provisions of
section 72
other than subsection
(1
)(
b)
and (c) of that section; or
(Amended
31 of 1992 s. 2
)
(c)
(Repealed
24 of 1988 s. 2
)
(d)
fails to comply with any condition imposed on the granting of any exemption under
section 73(2)
,
shall be guilty of an offence.
(Added
55 of 1979 s. 2
)
(5B)
(a)
Any person who makes a payment in contravention of
section 41E(1)
shall be guilty of an offence.
(b)
In any proceedings for an offence under this subsection the onus shall be on the defendant to show that any payment to which the offence relates was made pursuant to an agreement duly made under
section 41E(2)
.
(Added
53 of 1990 s. 5
)
(5C)
Any employer who contravenes
section 41EA
shall be guilty of an offence.
(Added
53 of 1990 s. 5
)
(6)
Any person who fails to comply with the requirements of a notice in writing or a notice published in the Gazette under
section 48(1)
shall be guilty of an offence.
(7)
A person who is guilty of an offence under this section shall be liable on conviction to a fine at level 5.
(Amended
24 of 1988 s. 2
;
103 of 1995 s. 19
)