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The Minimum Wage (Criteria for Approved Assessors) Notice and the Minimum Wage (Assessment Methods) Notice are gazetted today (January 7) and will be tabled at the Legislative Council (LegCo) on January 12 (Wednesday).
As enshrined in the Minimum Wage Ordinance (MWO) passed by LegCo on July 17, 2010, employees who are persons with disabilities will be protected by the statutory minimum wage (SMW) like their able-bodied counterparts. Nevertheless, in view of the possible employment difficulties of some persons with disabilities, the MWO also provides for a special arrangement for them. Specifically, persons with disabilities whose productivity may be impaired by their disabilities will have the right to choose to have their productivity assessed to determine whether they should be remunerated at not lower than the SMW level or at a rate commensurate with their productivity. To forestall abuse, the right to invoke the assessment is vested in persons with disabilities rather than their employers.
The Minimum Wage (Criteria for Approved Assessors) Notice specifies that, for the purposes of the relevant productivity assessments, approved assessors should be registered occupational therapists, registered physiotherapists, registered social workers or veteran vocational rehabilitation practitioners with the requisite years of experience in the provision of vocational rehabilitation or other services in relation to the employment of persons with disabilities. The Minimum Wage (Assessment Methods) Notice specifies the broad principles and major elements of the methods for such assessments.
Subject to negative vetting by the LegCo, these Notices will come into operation on May 1, 2011 when the initial SMW rate commences.
Ends/Friday, January 7, 2011
Issued at HKT 12:21
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