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Workers slam labour tribunal as “toothless tiger” over wage claims; one settles HK$140,000 claim for HK$30,000

2011-08-23
Marcus Tang

Construction workers have accused the Labour Tribunal of failing workers chasing unpaid wages: one claimant seeking over HK$140,000 in wages and MPF settled for just HK$30,000 to keep his job; another’s case was shelved because the employer “went diving” and never appeared. Nearly 10 workers petitioned outside the tribunal, pasting up paper tigers to brand it a “toothless tiger.”

What injustices did workers face?

Electrician Mr Yip said his employer owed him about HK$140,000 in wages and MPF contributions plus over 40 days of statutory holidays from 2005 to 2009; when he pursued the claim through the tribunal this March, he was told continuing the claim meant leaving the company — fearing job loss amid a weak market, he settled without thinking it through, recovering only HK$30,000. Construction worker Chan Pat-kan, owed about HK$15,000 in wages and MPF plus 10 days’ leave, saw his case shelved after the tribunal’s letters went unanswered and the vanished employer failed to appear — “so helpless,” he said.

What do the prosecution figures show?

Only one employer has been prosecuted since last year’s Employment Ordinance amendments — no deterrent, the union says. That employer kept defaulting even after prosecution and got just 100 hours of community service. Union representative Mak Tak-ching said 85% of construction workers chasing entitlements are forced to settle, recovering only 50–60% of what’s owed.

What does the union demand?

The union urges the tribunal to stop funnelling cases toward mediation and instead proactively refer judgment violators to the Labour Department for prosecution. Workers facing wage or contribution arrears should know their labour and MPF rights and seek help from the MPFA or Labour Department when needed.

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