从工资中扣除(Deductions From Wages)-2023-1955年劳工法令

 


1955年劳工法令

第四章 从工资中扣除

第24条文(合法扣除)

(1)除非依照本法令行事之外, 雇主不可从雇员工资中作任何扣除。

(2)以下事项属雇主合法扣除:

(a)雇主错误多付给雇员最近三个月的工资;

(b)扣除雇员在第13(1)条款下须付给雇主之赔偿;

(c)收回在第22条下的工资预支, 只要预支没有抽利息; 和

(d)其他书面法律所允许之扣除。

(3)以下之扣除必须有雇员书面要求方可进行:

(a)扣除给注册职工会, 储蓄贷款合作社之入会基金, 月捐, 分期付款, 贷款利息, 或其他款项, 和

(b)扣除用来购买雇主发售给雇员股份的款项。

(4)以下之扣除, 除非有雇员书面要求同时也有总监书面批许. 方可进行 ;

(a)扣除给雇主为雇员福利而成立之退职计划, 储蓄基金, 福利计划或 保险计划;

(b)扣除在第22条下预支给雇员有抽利息之预支偿还, 和预支利息之偿还;

(c)扣除代替雇员付给第三者之款项;

(d)扣除雇员向雇主购买雇主售卖给雇员物品的款项。和

(e)扣除在雇员要求下, 或依照雇员服务契约所订, 雇主所供给之住宿租金, 服务费, 食物和膳食。

(5)总监不可准许在第(4)(e)款的款项扣除. 除非他满意, 住宿, 服务, 食物或膳食之供给, 是对雇员有利者。

(6)若雇员向由1993年合作社法令下进行的商店, 赊购食品, 应用品, 或其他物品, 雇主可以在雇员书面要求下, 和征得商店经理同意之后, 可以合法扣除不超过赊帐款额, 而把款项交给经理作还债之用;

(7)即使第(2),(3),(4)和(6)款另有规定, 总监可以在雇主, 一阶层的雇主, 或多阶层雇主申请之下, 向一个, 或一阶层,或多阶层雇员, 扣除作某用途的款项. 不过, 总监可以定下他认为适合之条件。

(8)在此条文下, 每个月雇员扣除工资的总额, 不可超过50%雇员的每月工资。

(9)第(8)款注明的限度, 不适用于下列情况:

(a)雇员在第13(1)条下付给雇主的赔偿;

(b)从雇员最后工资扣除雇员在服务契约终止时, 尚未清还的款项; 和

(c)若得到总监的书面准许, 可以扣除房屋贷款, 可超出50%的限额,额外扣除不超过工资的25%。

补充:

在第24(1)(b)款和第24(9)(a)款里所提到的第13(1)条款:

13. 无通知终止契约

(1)雇佣契约任何一方, 可以不用通知或通知已经给了, 不须等到期限届满, 而终止服务契约, 只须赔给对方一笔等于雇员在通知期间, 或通知期剩下的日子, 所能赚取的工资。

*以上“总监”的定义,是指根据第3(1)条文任命的劳工总监。【第3(1)条文】最高元首可以委任一位官员命名劳工总监, 而在此法令即称为"总监"。

以上中文翻译版仅限参考用途,若中英文版本出现差异,应以英文版本为标准。

EMPLOYMENT ACT 1955

PART IV

 DEDUCTIONS FROM WAGES

Section 24. Lawful deductions

(1) No deductions shall be made by an employer from the wages of an employee otherwise than in accordance with this Act.

(2) It shall be lawful for an employer to make the following deductions—

(a) deductions to the extent of any overpayment of wages made during the immediately preceding three months from the month in which deductions are to be made, by the employer to the employee by the employer’s mistake;

(b) deductions for the indemnity due to the employer by the employee under subsection 13(1);

(c) deductions for the recovery of advances of wages made under section 22 provided no interest is charged on the advances; and

(d) deductions authorized by any other written law.

(3) The following deductions shall only be made at the request in writing of the employee—

(a) deductions in respect of the payments to a registered trade union or co-operative thrift and loan society of any sum of money due to the trade union or society by the employee on account of entrance fees, subscriptions, instalments and interest on loans, or other dues; and

(b) deductions in respect of payments for any shares of the employer’s business offered for sale by the employer and purchased by the employee.

(4) The following deductions shall not be made except at the request in writing of the employee and with the prior permission in writing of the Director General:

(a) deductions in respect of payments into any superannuation scheme, provident fund, employer’s welfare scheme or insurance scheme established for the benefit of the employee;

(b) deductions in respect of repayments of advances of wages made to an employee under section 22 where interest is levied on the advances and deductions in respect of the payments of the interest so levied;

(c) deductions in respect of payments to a third party on behalf of the employee;

(d) deductions in respect of payments for the purchase by the employee of any goods of the employer’s business offered for sale by the employer; and

(e) deductions in respect of the rental for accommodation and the cost of services, food and meals provided by the employer to the employee at the employee’s request or under the terms of the employee’s contract of service.

(5) The Director General shall not permit any deduction for payments under paragraph (4)(e) unless he is satisfied that the provision of the accommodation, services, food or meals is for the benefit of the employee.

(6) Where an employee obtains foodstuff, provisions or other goods on credit from a shop the business of which is carried on by a co-operative society registered under the Co-operative Societies Act 1993 [Act 502], it shall be lawful for his employer, at the request in writing of the employee and with the agreement of the manager of the co-operative shop, to make deductions from the wages of the employee of an amount not exceeding the amount of the credit and to pay the amount so deducted to the manager in satisfaction of the employee’s debt.

(7) Notwithstanding subsections (2), (3), (4) and (6) the Director General, on an application by an employer or a specified class or classes of employers, may permit any deduction for a specified purpose from the wages of an employee or a specified class or classes of employees subject to such conditions as he may deem fit to impose.

(8) The total of any amounts deducted under this section from the wages of an employee in respect of any one month shall not exceed fifty per centum of the wages earned by that employee in that month.

(9) The limitation in subsection (8) shall not apply to—

(a) deductions from the indemnity payable by an employer to an employee under subsection 13(1);

(b) deductions from the final payment of the wages of an employee for any amount due to the employer and remaining unpaid by the employee on the termination of the employee’s contract of service; and

(c) deductions for the repayment of a housing loan which, subject to the prior permission in writing of the Director General, may exceed the fifty per centum limit by an additional amount of not more than twenty-five per centum of the wages earned.

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