### Employment Ordinance 《僱傭條例》

43G. Liability of superior nominated sub-contractor to pay wages of employees of nominated sub-contractors
(1) Subject to this Part, if any wages become due to an employee who is employed by a nominated sub-contractor on any work which the nominated sub-contractor has contracted to perform, and such wages are not paid within the period specified in section 23, 24 or 25, as the case may be, such wages shall be payable to the employee by every superior nominated sub-contractor to the nominated sub-contractor by whom the employee is employed, jointly and severally.
(2) The liability of a superior nominated sub-contractor or superior nominated sub-contractors jointly and severally under subsection (1) shall be limited—
(a) to the wages of an employee whose employment relates wholly to the work which the main nominated sub-contractor has contracted to perform whether or not his place of employment is on the site of the building works; and
(b) to the wages due to such an employee for 2 months without any deductions under this Ordinance and such months shall be the first 2 months of the period in respect of which the wages are due to the employee.
(3) Subject to subsection (4) the wages payable under subsection (1) shall be paid by the superior nominated sub-contractor not later than 30 days after the date on which a notice under section 43H is received by him or service thereof is deemed to be effected on him.
(4) Where any claim in respect of the wages payable under subsection (1) is filed with the Minor Employment Claims Adjudication Board or Labour Tribunal and an award or order is made in favour of the employee, the wages shall be paid within such time as the Minor Employment Claims Adjudication Board or Labour Tribunal may direct, or, in the absence of any direction, not later than 30 days after the making of the award or order. (Amended 61 of 1994 s. 54)

### Employment Ordinance 《僱傭條例》

43H. Notice by employee to main nominated sub-contractor
(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)

43I. Employer to supply information at request of employee
(1) Where an employer who is a nominated sub-contractor fails to pay, within the period specified in section 23, 24 or 25, as the case may be, any wages due to an employee employed by him on work which he has contracted to perform, he shall within 7 days of the receipt of a written request made by the employee supply to the employee the name and address of the main nominated sub-contractor and every superior nominated sub-contractor to him and shall, within such 7 days’ period, deliver a copy of the written request to the main nominated sub-contractor and every superior nominated sub-contractor to him.
(2) An employer who without reasonable excuse fails to comply with subsection (1) 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 1995 s. 17)

### Employment Ordinance 《僱傭條例》

43J. Recovery of wages paid by superior nominated sub-contractor
(1) If a superior nominated sub-contractor pays to an employee any wages under section 43G, the wages so paid shall be a debt due by the employer of that employee to the superior nominated sub-contractor.
(2) Any superior nominated sub-contractor who pays to an employee any wages under section 43G may either—
(a) claim contribution from every other superior nominated sub-contractor to the employee’s employer; or
(b) deduct by way of set-off the amount paid by him from any sum due or which may become due—
(i) to any nominated sub-contractor to whom he has sub-contracted all or any part of work that he contracted to perform being work upon which the employee was employed; and
(ii) in respect of the work that he has sub-contracted.
(3) For the purposes of this section any amount—
(a) paid by a superior nominated sub-contractor by way of contribution under subsection (2)(a), or
(b) deducted by a superior nominated sub-contractor from any sum due by him by way of set-off under subsection (2)(b),
shall be deemed to be payment by the superior nominated sub-contractor who has paid the amount by way of contribution or has suffered a deduction from any sum due to him by way of set-off to an employee of wages under section 43G.

43K. Cessation of employer’s liability for wages paid by principal contractor, superior sub-contractor or superior nominated sub-contractor
Where any wages are paid to an employee by a principal contractor or superior sub-contractor under section 43C or by a superior nominated sub-contractor under section 43G, the liability of the employer shall, subject to sections 43F(1) and 43J(1), cease.

43L. Service of notice
(1) A notice under section 43D or 43H may be served on a principal contractor or a main nominated sub-contractor respectively and a request under section 43E or 43I may be served on an employer—
(a) by delivering it to him personally;
(b) by leaving it at his usual address or last known residential or business address; or
(c) by sending it to him by registered post to any address referred to in paragraph (b).
(2) Service under subsection (1)(b) shall be deemed to have been effected on the day on which the notice or request is left at the premises.

43M. Employee’s rights against employer not affected
Nothing in this Part shall prejudice the right of an employee to recover any wages due to him by an employer directly from the employer.

### Employment Ordinance 《僱傭條例》

43O. Application
(1) This Part applies to an award of a tribunal that is made on or after the commencement date.
(2) In this section, *commencement date (生效日期) means the date on which the Employment (Amendment) Ordinance 2010 (9 of 2010) comes into operation.

Editorial Note:

* Commencement date: 29 October 2010.