About Wage & Hour Law in Kowloon, Hong Kong
Wage & Hour Law in Kowloon, Hong Kong is founded mainly on the Employment Ordinance Cap 57 and the Minimum Wage Ordinance Cap 608. These laws define the minimum standards for wages and working hours for employees. The Wages Protection Ordinance protects the payment of wages. In general, wages should not be less than the statutory minimum wage unless exemptions apply. Overtime work should also be compensated as per the agreements with the employer.
Why You May Need a Lawyer
Pursuing a wage and hour dispute can be a complex process. You may need a lawyer when a potential violation of the law occurs such as non-payment, underpayment, or late payment of wages. You may also require legal help if you are made to work beyond your contracted hours without proper overtime payment or if you are unlawfully dismissed due to wage-related issues. Additionally, the law is complex and finding the best approach to your case might involve legal interpretation.
Local Laws Overview
The Employment Ordinance stipulates that an employer must pay wages to an employee as specified in the contract. Wages should be paid not later than seven days after the end of the wage period. The Minimum Wage Ordinance establishes the statutory minimum wage. This wage should be reviewed by the government at least once every two years. Failure to pay the statutory minimum wage may result in harsh penalties including fines and imprisonment for the employer.
Frequently Asked Questions
What is the current minimum wage in Kowloon, Hong Kong?
As of May 1, 2021, the statutory minimum wage in Hong Kong is HK$37.50 per hour.
Can I claim unpaid wages?
Yes. The Employment Ordinance provides that any unpaid wages can be claimed within six years of when the wages are due.
Are there limits to working hours?
No. Hong Kong law does not currently stipulate any maximum limits to working hours.
What can I do if my employer refuses to pay overtime?
Matters regarding overtime are contract-specific and any dispute would have to be resolved through legal proceedings.
Can I be fired for asking about my wage rights?
No. Any dismissal on such grounds would amount to an unfair dismissal under the Employment Ordinance.
Additional Resources
The Labour Department of the Hong Kong Special Administrative Region provides a wealth of information related to employment rights and salary issues. In addition, the Labour Relations Division provides free labor consultation services.
Next Steps
If you suspect you have a wage and hour dispute, consult an employment lawyer or contact the Labour Relations Division. The Division provides free advice and conciliation of labor disputes including arrears of wages and wrongful dismissals.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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