The Housing Authority (HA) of Hong Kong decided on Thursday to
resort to six new improvement measures in their building contracts
from May 2006 onwards to secure and monitor wages payment to
workers.
"These measures demonstrate the HA's commitment to improving
security of the payment of wages to workers and avoiding wages
dispute," said Ip Kwok-him, the Chairman of the Building
Committee.
"We believe that these measures should work in tandem with the
enforcement actions under the statutory legislation so as to
achieve the best deterrent effect," Ip added.
The measures require contractors to appoint Labor Relations
Officers to work on site to check and verify the records of workers
in employment, attendance, payment of wages and acknowledgment of
receipt so as to monitor the whole situation and identify any
anomaly.
"The officer will also be responsible to receive, acknowledge
and record complaints and inquiries from workers. Suspicious cases,
complaints and defaults will be reported to Labor Department for
further investigation, verification, resolution, prosecution and
enforcement as appropriate under the legislation," Ip said.
He promised that the Housing Authority would then take necessary
actions under the terms of the contract and List Management against
any proven default.
To effectively monitor wage payment to workers, contractors and
sub-contractors are required to pay their workers through auto-pay
bank account, according to the new measures.
In proven cases of default, a new measure allows the employer to
effect payment of outstanding wages to workers by the contractor
verified by the Labor Department and ordered by the Labor Tribunal.
The sum will then be deducted from the contract sum as a debt from
the contractor.
"The measure also facilitates the contractors to recover the
money from the sub-contracts after paying the workers of their
sub-contractor direct in case of defaults by their sub-contractors
which has been required under the legislation," he said.
He said although these new measures cannot be included in the 16
existing building contracts, the Housing Authority will encourage
these contractors to introduce the measures on a voluntary
basis.
Referring to a proposal for the HA to use the Retention Money
for the three construction contracts forfeited to pay the workers
their overdue wages, the Housing Department held that there was no
legal and contractual basis for the HA to do so.
(Xinhua News Agency March 17, 2006)