5/22/2008 8:48:03 AM
你们会不会可能听错吗？员工的权益在劳工法令第31条是有优先权的。去参看该如下条例。同时你们可以请教INDUSTRIAL RELATIONS DEPARTMENT。你们必须尽快采取行动。
31. Priority of wages over other debts.
(1) Where by order of a court made upon the application of any person holding a mortgage, charge, lien or decree (hereinafter referred to as “the secured creditor”) or in the exercise of rights under a debenture the property of any person (hereinafter referred to as “the person liable”) liable under any of the provisions of this Act to pay the wages due to any employee or to pay money due to any subcontractor for labour is sold, or any money due to the person liable is attached or garnished, the court or the receiver or manager shall not authorise payment of the proceeds of the sale, or of the money so attached or garnished, to the the secured creditor or the debenture holder until the court or the receiver or manager shall have ascertained and caused to be paid, out of such proceeds or money, the wages of such employee, or the money due to any subcontractor for labour under a contract between him and the person liable, which the person liable was liable to pay at the date of such sale, attachment or garnishment.
Provided that this section shall only apply to the sale of a place of employment on which:
(a) any employee to whom wages are due as aforesaid;
(b) any employee to whom wages are due by such subcontractor for labour as aforesaid;
(c ) any subcontractor for labour to whom money is owed on account of the subcontract by the subcontractor for labour as aforesaid;
was employed or worked at the time when such wages were earned or such money accrued due, and to the proceeds of the sale of any products of such place of employment and of any movable property therein used in connection with such employment and to any money due to the person liable on account of work performed by such employee or subcontractor for labour or derived from the sale of the products of such work;
Provided further that:
(a) where the person liable is an employer the total amount of the wages of any employee to which priority over the claim of a secured creditor is given by this section shall not exceed the amount due by the employer to the employee as wages for any four consecutive months' work;
(b) where the person liable is a principal and where the wages are claimed from such principal under section 13 the total amount of the wages of any employees to which priority over the claim of a secured creditor is given by this section shall not exceed the amount due by the principal to the contractor at the date of the sale, attachment or garnishment unless the contractor is also a subcontractor for labour;
(c ) where the person liable is a contractor or subcontractor who owes money to a subcontractor for labour the total amount due to such subcontractor for labour to which priority over the claim of a secured creditor is given by this section shall not exceed the amount due by such subcontractor for labour to his employees (including any further subcontractors for labour under such first-mentioned subcontractor for labour) for any four consecutive months' work.
(2) In this section, except for the second proviso, “wages” includes termination and lay-off benefits, annual leave pay, sick leave pay, public holiday pay and maternity allowance.