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The provision under the Employment (Amendment) Ordinance 2007 relating to employers' keeping of employees' wage and employment records will take effect from tomorrow (January 13).
A spokesman for the Labour Department said the amended provision would require employers to keep the wage and employment records of their employees for 12 months, instead of the current six months.
"The extension is to tie in with the amendment to the mode of calculating the relevant statutory entitlements under the Amendment Ordinance which took effect from July 13 last year. Under the revised mode, an employee's relevant statutory entitlements (such as holiday pay, annual leave pay, sickness allowance, maternity leave pay, wages in lieu of notice and end-of-year payment) will be calculated on the basis of his average wages earned in the past 12 months, or such shorter period when he is employed by the concerned employer. Any periods and wages that fall under the 'disregarding provisions' will be excluded in computing the average wages," the spokesman said.
Under the Employment Ordinance, employers must keep the wage and employment records of every employee. These records set out information such as the name of the employee, date of commencement of employment, job title, wages, leave and holidays, and notice period for termination of contract.
"The wage record must be kept at the employer's place of business or at the place where the employee is employed. The record must also be kept for another six months after the employee ceases to be employed. An employer who fails to keep the wage and employment record is liable to prosecution and a possible fine of $10,000," the spokesman said.
To assist employers, employees and the public in understanding the Amendment Ordinance and the requirements on employers' keeping of wage and employment records under the Employment Ordinance, the Labour Department has produced a new series of announcements of public interest on radio which started broadcasting last month. The department has also published two guidebooks - "A Concise Guide to the Employment (Amendment) Ordinance 2007" and "Proper Keeping of Wage and Employment Records". These guidebooks are available on the Labour Department's homepage, www.labour.gov.hk. Printed copies are distributed at the offices of the Labour Relations Division of the department and the Public Enquiry Service Centres of the Home Affairs Department.
Enquiries from the public can be made at the enquiry hotline 2717 1771.
Ends/Saturday, January 12, 2008
Issued at HKT 15:01
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