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The Wage & Hour Law in Admiralty, Hong Kong is designed to protect employees versus exploitation and unfair treatment. It deals with issues such as daily working hours, holidays, overtime work, and most importantly, the statutory Minimum Wage, which ensures every worker is paid no less than the amount stipulated by the law.
Individuals could need a lawyer's assistance in matters of Wage & Hour when they suspect that they are getting paid less than the Minimum Wage, are being forced to work overtime without fair compensation, or have been unjustly denied their entitled holidays. Legal representation can also be necessary when an employer is not complying with the guidelines set by the Employment Ordinance in relation to working hours or rest days.
Key aspects of the local laws that pertain to Wage & Hour in Admiralty, Hong Kong are the Employment Ordinance and Minimum Wage Ordinance. The Employment Ordinance states the basic rights and benefits of employees, such as rest days, statutory holidays, paid annual leave, and limits on working hours. The Minimum Wage Ordinance introduced a statutory minimum wage to provide a wage floor to protect grassroots employees.
The current statutory minimum wage, as of May 2021, is $37.50 per hour.
The Employment Ordinance does not prescribe a standard working hours system. However, it has protections - an employee is entitled overtime pay or time-off in lieu, if their contract specifies it.
If your contract terms specify pay for overtime work, you would calculate your overtime pay using that rate. If not, it should be no less than the same rate of your agreed wages.
Benefits include rest days, paid annual leave, statutory holidays, sickness allowance, and severance or long-service payments, where applicable.
Workers are entitled to a holiday pay for working on public holidays. If the employer does not grant a holiday, double the daily average wages should be paid.
The Hong Kong Labour Department and the Equal Opportunities Commission are both well-equipped to provide assistance concerning wage and hour matters. Web portals and hotlines of these government bodies can be valuable resources for those in need of legal advice.
If you believe you have not been fairly treated in wage or hours worked matters, seeking advice from a legal professional can be beneficial. Start by documenting your issues, including work hours, days worked, tasks performed, and wages paid. Contact a competent labor lawyer who can guide you through the process and help you exercise your rights.
