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In response to media enquiries on hours worked, the Labour Department today (October 29) made the following statement:
Neither the Employment Ordinance (EO) nor the newly enacted Minimum Wage Ordinance (MWO) regulate whether meal breaks constitute hours worked by employees or whether they are remunerated or not. Employers and employees are free to agree on these employment terms in their employment contracts.
If the employee is, in accordance with the employment contract, or with the agreement or at the direction of the employer, in attendance at a place of employment during his meal break, the time is hours worked under the MWO for the purpose of computing statutory minimum wage (SMW).
If employers and employees have different interpretations of their employment terms, they should clarify between themselves as soon as practicable in order to avoid unnecessary disputes. Employers must note that unilateral variation of terms of employment is not allowed under the EO. Thorough consultation with employees in advance is required.
SMW is expressed as an hourly rate and is calculated on the basis of the actual number of hours worked. This is to help ensure that employees' pay is commensurate with the time that they have worked and at a rate not lower than the SMW level. For example, when a shop assistant works overtime from 6pm to 6.45pm at the direction of the employer, such time is hours worked for the purpose of computing SMW. The minimum wage is the amount derived by multiplying the total number of hours worked in the wage period by the SMW rate. If wages payable to the employee in respect of the wage period are less than the minimum wage, the employer must pay him an additional remuneration to comply with the MWO.
The Labour Department will launch a publicity and promotional campaign on the SMW requirements and issue guidelines with illustrative examples for reference by employers and employees on the application of the MWO.
For enquiries, please call the Labour Department at 2852 3815.
Ends/Friday, October 29, 2010
Issued at HKT 18:46
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