The statutory minimum wage rate has been raised from HK$30 per
hour to HK$32.50 per hour with effect from May 1, 2015. Pursuant to
section 8 of the Minimum Wage Ordinance, an employee is entitled to
be paid wages of not less than the minimum wage, whether the wage
is monthly-rated, daily-rated, hourly-rated, or piece-rated.
According to section 63C of the Employment Ordinance, an employer
who willfully and without reasonable excuse fails to pay wages to
an employee when it becomes due is liable to a fine of HK$350,000
and to imprisonment for three years.
It should be noted that the statutory minimum wage does not
apply to domestic workers in a household, a student intern, or a
work experience student. In particular, requirements regarding the
nature and duration of the internship, the student's age, and
statutory declaration have to be met before one can be considered a
work experience student. The requirements for a student intern are
less stringent, but a confirmation is usually required to show that
the internship has been arranged by a specific educational
institution in connection with a program.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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