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The Wage & Hour law in Sheung Wan, Hong Kong refers to the statutory regulations that govern wages, working hours, and other work-related rights of employees. Typically, these rules are laid down by the Hong Kong Employment Ordinance and the Minimum Wage Ordinance. These laws guarantee employees a fair wage for their work, timely wage payment, standard working hours, and proper compensation for overtime.
In situations such as unpaid wages or overtime, unlawful wage deductions, unfair labor practices, or disputes regarding entitlements under local labor laws, you may need a lawyer. Employers might also need legal guidance to ensure their policies and procedures comply with local wage and hour laws, thereby avoiding legal disputes. A knowledgeable legal professional can provide guidance and representation to protect your rights and interests.
The Hong Kong Employment Ordinance regulates the wage and working hour standards. It stipulates the basic wage for each hour of work, enforces timely wage payment within seven days after the wage period, and provides for various leaves and other employee rights. The Minimum Wage Ordinance, enforced since May 2011, sets the statutory minimum wage to ensure the basic wage level of low-income employees. Furthermore, employers are required to maintain wage and employment records for each of their employees.
The Minimum Wage Ordinance sets the minimum wage. As of May 1, 2021, the statutory minimum wage is HK$37.50 per hour for all employees, irrespective of their employment hours and status.
While there is no statutory standard working hours regulation in Hong Kong, the general practice is 8 hours per day and 5 days per week. Any deviations should be clear in the employment contract.
According to Hong Kong Employment Ordinance, the employer can make deductions only in certain specified situations such as overpayment of wages, loss, or damage to the employer’s goods or property, and absence from work.
If the employer fails to pay wages within seven days after the wage period, it is considered as default on wage payment and is against the law. Legal actions should be taken against such instances.
Overtime compensation or payment for work done during rest days or statutory holidays is not mandated by the Employment Ordinance but by mutual agreement between the employer and the employee.
The Labour Department of the Government of the Hong Kong Special Administrative Region provides comprehensive information on the local wage and hour laws and responds to queries and complaints. Also, the Legal Aid Department offers assistance for individuals with financial difficulties to obtain legal representation.
If you need legal assistance, it’s recommended you consult a legal professional experienced in labor law. Understand your situation, collect all relevant documents, and be prepared to discuss it thoroughly. Remember, it's crucial to act quickly to protect your rights and interests if you perceive any infringement of the wage and hour laws.
