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The Employment Ordinance is the main legislation that governs wage and hour law in Sai Ying Pun, Hong Kong. It provides comprehensive protection for all types of workers, regarding issues of wages, working hours, holidays, and leaves of absence. Employees are entitled to various rights including, but not limited to, payment of wages within seven days after the wage period, statutory holidays, rest days, and annual leave.
Despite clear laws and regulations, wage and hour disputes are common. You may need a lawyer if your employer has failed to pay your wages on time or at all, if you are required to work excessive hours without proper remuneration, or denied rest days and holidays. It can also be helpful to consult a lawyer if you believe you're wrongly classified as an independent contractor when you should be considered an employee. Numerous complexities can arise in wage and hour cases, so it's often wise to seek legal help to protect your rights.
The Employment Ordinance requires employers to pay wages to employees within seven days after the end of the wage period. Employees are entitled to not less than one rest day in every seven days. On statutory holidays, employees should be given a holiday and paid their regular daily wage. For working hours, no specific provisions are made in Hong Kong law but employment contracts often set this out. In relation to overtime, there is no legal requirement to provide overtime pay for employees who have agreed wage covering all work done.
The Statutory Minimum Wage in Hong Kong is currently HK$37.5 per hour but it is subject to review every two years.
There is no statutory standard working hours in Hong Kong. However, the Labour Department encourages employers and employees to mutually determine and agree the terms on working hours.
If your employer fails to pay your wages within seven days from the end of the wage period, you are entitled to claim the wages owed and may report the matter to the Labour Department of Hong Kong for the initiation of prosecution procedures against the employer.
Under the Employment Ordinance, there is no legal stipulation that employers must provide overtime pay. However, details regarding this can be included in the individual employment contracts.
No, meal breaks are not counted as working time under the Employment Ordinance in Hong Kong unless specified in the employment contract.
The Labour Department of Hong Kong government provides comprehensive information on labor legislation, including wage and hour laws. You may also consider contacting the Employees' Rights and Benefits Division of the Labour Department for personalized advice.
If you believe your rights have been violated under Wage & Hour law, you should collect all relevant employment records and documents. It would also be helpful to communicate with your employer in writing to create a record of your complaints. If these steps don't lead to resolution, consider contacting a legal professional who specializes in employment law. You may also file a claim with the Labour Tribunal if needed.
