Employers want the government to spell out the 'reasonable excuses' that will save them from prosecution for failing to hand over unpaid wages, but officials said yesterday it was difficult to do so.
Lawmakers representing business sectors criticised the administration for failing to clearly define 'reasonable excuse', the defence available to an employer facing prosecution for ignoring orders to repay outstanding salaries under a proposed amendment to the Employment Ordinance. The 17 members of the Legislative Council's bills committee continued their scrutiny of the amendment yesterday.
It proposes to make it a criminal offence for employers to ignore orders from the Labour Tribunal or Minor Employment Claims Adjudication Board to settle outstanding salaries or benefits to workers.
Under the current proposal, it would be an offence for an employer to wilfully and without reasonable excuse fail to pay any sum awarded by the Labour Tribunal within 14 days from the date of the award.
Andrew Leung Kwan-yuen, a lawmaker representing the industrial sector, said it was unacceptable that the amendment failed to elaborate on what an acceptable 'reasonable excuse' was.
'It is unacceptable for failing to give a definition,' he said. 'It would be difficult for the authorities to say whether or not to prosecute some employers. That's unfair to small and medium-sized enterprises and employers.'