The Hong Kong minimum wage (SMW) rose from $30 per hour to $32.50 per hour with effect from Labour Day, May 1.
According to the Minimum Wage Ordinance (MWO), workers are protected by the SMW whether they are paid on a monthly, daily, hourly or piece-rated basis; permanent, casual, full-time or part-time, and regardless of whether or not they are employed under a continuous contract as defined in the Employment Ordinance (EO).
The new rate affects all retail and restaurant staff, casual or otherwise.
The SMW is not applicable to live-in domestic workers (irrespective of their sex, race and nationality), student interns and work experience students as specified in the MWO.
The Labour Relations Division of the Labour Department warns the SMW also protects employees with disabilities. Special arrangement is also provided under the MWO so that employees with disabilities have the right to undergo productivity assessment to determine whether they should be remunerated at no less than the SMW rate or at a rate commensurate with their productivity. Those employees with disabilities who have chosen this special arrangement are entitled to wages of not less than the amount to be calculated according to the newly revised SMW rate of $32.50.
In addition, the monthly monetary cap on the requirement of employers recording the total number of hours worked by employees under the EO is raised from $12,300 to $13,300 with effect from May 1. When wages payable in respect of a wage period are less than $13,300 per month, the employer is required to keep records of the total number of hours worked by the employee in that wage period.
Labour Relations Division has a 24 hour help line in place to answer questons from employers or employees: 2717 1771 (handled by 1823).
Details of the SMW are also available on the department’s website.