This page is intended for employees of
- Bringsky Investment Limited
- Castelo Investments Limited
- Happy Dragon Hong Kong Limited
- Max Ocean Group Limited
Instructions
Please carefully read the instructions below.
If you have any further queries please contact Briscoe Wong Advisory Limited at 3198 0800 or by email at castelo@briscoewong.com.
Address: Room 818, 8/F China United Centre, 28 Marble Road, North Point, Hong Kong (North Point MTR Exit A4)
STEP 1 – Complete the Employee Contact Information Form
Complete the Contact Information Form using Google Forms.
Please note that the following information are required.
- Name of employee – Please use the name as it appears on your HKID or passport.
- Mailing address (for receiving correspondence) – Please print or write the address clearly and accurately. The address does not have to be an address in Hong Kong.
- Email address – Please provide an email address so that we can contact you to verify the information provided by you.
- Mobile number – Please provide a mobile number so that we can contact you to verify the information provided by you. Please indicate clearly the country code if the mobile number is an overseas number.
- Restaurant – Please select the name of the restaurant where you work at.
STEP 2 – You must visit the Labour Department nearest to your restaurant in person
IMPORTANT NOTE – You should only go to the Labour Relations Divisions of the Labour Department office which has been assigned to you. Please attend the correct branch of the Labour Relations Divisions during the appointed date and time. The Labour Department will meet the employees by groups. Everyone within that group must go together to the Labour Department at the appointed date and time.
Service Hours: Monday to Friday (except public holidays) (9:00 a.m. – 1:00 p.m. & 2:00 p.m. – 6:15 p.m.)
Location 1 – KWUN TONG BRANCH OFFICE OF LABOUR DEPARTMENT (JASPA’S RESTAURANT, PEPPERONIS, PICCOLOS, LITTLE LUCIE’S HONG KONG, WAGYU LOUNGE, OFFICEE, JASPA’S JUNK)
Kwun Tong Branch Office
Contact Person.: Mr Keith Ho
Tel No: 2927 7004
Address: Units 801-806, 8/F, Tower 1, Millennium City 1, 388 Kwun Tong Road, Kwun Tong, Kowloon.Service Hours: Monday to Friday (except public holidays)
Restaurant | Appointment date and time |
JASPA’S RESTAURANT | Thursday, 27 July 2023 at 10:00 a.m. |
PEPPERONIS | Thursday, 27 July 2023 at 2:30 p.m. |
PICCOLOS | Friday, 28 July 2023 at 10:00 a.m. |
LITTLE LUCIE’S HONG KONG | Friday, 28 July 2023 at 2:30 p.m. |
WAGYU LOUNGE | Monday, 31 July 2023 at 10:00 a.m. |
OFFICE | Monday, 31 July 2023 at 10:00 a.m. |
JASPA’S JUNK | Monday, 31 July 2023 at 10:00 a.m. |
Location 2 – HONG KONG WEST BRANCH OFFICE OF LABOUR DEPARTMENT (JASPA’S, K TOWN BAR AND GRILL, OLLIES, ST. BARTS)
Hong Kong West Branch Office
Contact Person.: Ms Tina Chan
Tel No.: 2922 6006
Address: 3/F, Western Magistracy Building, 2A Pok Fu Lam Road, Hong Kong.
Restaurant | Appointment date and time |
JASPA’S | Thursday, 27 July 2023 at 10:00 a.m. |
K TOWN BAR AND GRILL | Thursday, 27 July 2023 at 2:30 p.m. |
OLLIES | Friday, 28 July 2023 at 10:00 a.m. |
ST. BARTS | Friday, 28 July 2023 at 2:30 p.m. |
STEP 3 – Procedures to apply for ex gratia payment from The Protection of Wages on Insolvency Fund (“PWIF”)
- Tick either ‘Agree’ or ‘Disagree’ on the Statement of Inability to Pay (“SIP“) signed by the Company.
- Bring the following documents to your first appointment with the Labour Department:-
- original copy of the SIP
- termination letter
- employment contract
- pay slips for the last 12 months
- For those employees who ticked ‘Disagree’ on their SIP, you can seek further assistance at the Labour Department since you will need to contact the Labour Tribunal to assess your claim. You will have to attend a couple of meetings with the Labour Tribunal officer and there will be a hearing to determine your employee entitlements.
- During the first appointment, each employee who ticked ‘Agree’ on their SIP is required to complete a PWIF Claim Form and to make a declaration. This is why you need to attend the Labour Department in person.
- For those who ticked ‘Agree’ on their SIP, the Labour Department will process the employees’ claims as soon as possible. The time required to effect payment will depend on when the Labour Department receives all information and documents required for processing the applications from every employee.
Be patient and wait for your cheque
Every employee should provide all information and documents requested to the Labour Department as early as possible since any delay in doing so will directly affect the other employees’ applications.
Frequently Asked Questions
IMPORTANT NOTE: The following is for informational purposes. How each employee is affected depends on their individual circumstances.
Q1. How much can I expect to receive from the PWIF?
Maximum Amount of Ex gratia Payment | |
Arrears of Wages | HK$80,000 |
Wages in lieu of Notice | HK$45,000 |
Severance Payment | HK$$100,000 plus 50% of any excess entitlement |
Pay for Untaken Annual Leave and Pay for Untaken Statutory Holidays | HK$$26,000 |
Q2. How much can I expect to receive from the liquidation of the company?
Please download A Guide on Employee’s Rights in Bankruptcy, Winding-up and Receivership (pdf file)
Q3. Where can I obtain further information about employees’ rights in case of their employers’ insolvency?
Please visit the GovHK website for further information regarding employees’ rights in case of their employers’ insolvency.
Example
I have worked for Castelo Investments Limited for 4 years. My salary is HK$24,000 per month. I have received my full salary for June 2023. My employment contract was terminated on 26 July 2023. My notice period is 1 month. I have 5 days untaken annual leave and 1 days untaken statutory holidays.
Arrears of wages
= HK$24,000 x (26/31)
= HK$20,129.03
I will receive HK$20,129.03 (i.e. payment in full) since my entitlement is below the maximum amount of ex gratia payment for arrears of wages HK$80,000
Wages in lieu of notice
= HK$24,000
I will receive HK$24,000 (i.e. payment in full) since my entitlement is below the maximum amount of ex gratia payment for wages in lieu of notice of HK$45,000
Severance payment (before MPF off-set)
= HK$24,000 x (2/3) x 4 years
= HK$64,000
I will receive HK$64,000 (i.e. payment in full) since my entitlement is below the maximum amount of ex gratia payment for severance payment of HK$$100,000 plus 50% of any excess entitlement
Pay for untaken annual leave and/or pay for untaken statutory holidays
(Note: The daily rate of annual leave pay is a sum equivalent to the average daily wages earned by an employee in the 12-month period preceding the day of the annual leave)
= 6 days x [HK$24,000 x 12 months / 365 days ]
= HK$4,734.25
I will receive HK$4,734.25 (i.e. payment in full) since my entitlement is below the maximum amount of ex gratia payment for pay for untaken annual leave and/or pay for untaken statutory holidays of HK$26,000
Total ex gratia payment from PWIF (before MPF off-set)
= HK$20,129.03 (arrears of wages) + HK$24,000 (wages in lieu of notice) + HK$64,000 (severance payment) + HK$4,734.25 (pay for untaken annual leave and/or pay for untaken statutory holidays)
= HK$112,863.28 (before MPF off-set)
I will receive HK$112,863.28 (before MPF off-set) from the PWIF and/or MPF. The catch is it will take time.