【Employer FAQ】Enquiries and Complaints
1. Where can we seek further advice or assistance regarding the employment contract or the Employment Ordinance?
You can: call the Labour Department 24-hour Telephone Enquiry Service (handled by “1823”) at 2717 1771 2157 9537 (Dedicated hotline for the helpers); approach the branch offices of the Labour Relations Division of the Labour Department; make reference to the booklet “A Concise Guide to the Employment Ordinance” which sets out briefly the main provisions of the Ordinance. The booklet is available at the branch offices of the Labour Relations Division of the Labour Department or can be downloaded from the Labour Department homepage (www.labour.gov.hk).
2.What services are provided by the Labour Department if I have disputes regarding the employment contracts or the provisions in the Employment Ordinance with my helper/employer?
f you have problems or claims arising out of the employment contract or provisions under the Employment Ordinance which cannot be settled on your own, you can approach the Labour Relations Division for assistance. The Labour Relations Division assists employers and helpers to resolve their labour disputes through the provision of free conciliation service. The conciliation officer will facilitate the employer and helper to reach a mutually 12 Enquiries and Complaints 35 acceptable settlement. If no settlement is reached and at the request of the party concerned, the claims will be referred, depending on the claim amount, to either the Labour Tribunal or Minor Employment Claims Adjudication Board for adjudication. If an employer cannot pay the wages in arrears or other payments on account of bankruptcy, the helper will be referred to the Legal Aid Department for assistance, and to the Wage Security Division for making an application for ex gratia payment from the Protection of Wages on Insolvency Fund.
3. Is an employer liable to prosecution for defaulting payment of an award of the Labour Tribunal or Minor Employment Claims Adjudication Board?
An employer who wilfully and without reasonable excuse fails to pay an award of the Labour Tribunal or Minor Employment Claims Adjudication Board within 14 days after the date on which the sum is payable, is liable to prosecution and, upon conviction, to a maximum fine of HK$350,000 and to imprisonment for 3 years*. * For details of the employers’ criminal liability in failing to pay an award of the Labour Tribunal or Minor Employment Claims Adjudication Board, please refer to “A Concise Guide to the Employment Ordinance”. Copies of the Guide can be obtained at the branch offices of the Labour Relations Division or downloaded from the homepage of the Labour Department.
Source: Practical Guide For Employment Of Foreign Domestic Helpers
