With effect from May 1 (last Friday), the Statutory Minimum Wage rate has been increased from HKD42.1 per hour to HKD43.1 per hour.Under the Minimum Wage Ordinance, all employees are protected by the Statutory Minimum Wage regardless of whether they are paid monthly, daily, hourly or by piece rate; whether they are permanent or casual workers; full-time or part-time; and irrespective of whether they are employed under a continuous contract as defined in the Employment Ordinance. The Statutory Minimum Wage does not apply to live-in domestic workers (irrespective of gender, race or nationality), student interns and work experience students as specified in the Minimum Wage Ordinance, and persons to whom the Employment Ordinance does not apply.Employees with disabilities are also covered by the Statutory Minimum Wage. The Minimum Wage Ordinance provides a special arrangement allowing employees with disabilities to opt for a productivity assessment to determine whether they should be paid wages not lower than the Statutory Minimum Wage or wages commensurate with their assessed productivity. For employees with disabilities who choose this special arrangement, employers must pay wages calculated in accordance with the new Statutory Minimum Wage rate and the productivity assessment result, which must not be lower than the minimum wage level.In addition, the Employment Ordinance requires employers to keep records of the total number of hours worked by employees during each wage period and sets a monthly monetary cap. Starting today, the monthly cap has been raised from HKD17,200 to HKD17,600 to align with the implementation of the new Statutory Minimum Wage rate. When wages payable to an employee for a wage period are less than HKD17,600 per month, employers must properly maintain records of the total hours worked by the employee during that wage period. (hc/da)
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