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Following is the transcript of remarks (English portion) by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, on the statutory minimum wage during the 2nd presentation ceremony of Employees Retraining Board Manpower Developer Award Scheme today (April 28):
We are fully geared up for the implementation of statutory minimum wage on May 1. The Labour Department has in fact increased its staffing in the frontline in terms of Labour Officers responsible for conciliation service, inspection service and also for employment service, i.e. services across the board. I just had a meeting with the Liberal Party and the members of 17 small and medium enterprises (SMEs). They expressed concerns on the likely impact of minimum wage on their operation, particularly in terms of paid rest days and also paid meal breaks. I explained very clearly to them that first of all, they should comply with the minimum wage requirement, i.e. $28 per hour of work, there is no question about it. Anything above that is subject to contractual agreement. In other words, paid meal breaks and also paid rest days are not mandated in the law. The labour legislation at the moment does not require the employer to pay or not pay. It's silent, completely silent. So, it is not mandatory. It is a matter for negotiation. They are employment terms to be negotiated and agreed upon between employers and employees. So, if SME employers have difficulties facing the new situation, particularly in terms of affording paid meal breaks and paid rest days, they should engage in sincere dialogue with employees and explained their difficulties. At the end, I am sure that their employees will understand and resolve the problem. The Labour Department stands ready to provide mediation service and conciliation service. I have agreed with the Labour Department that any employer and employee, if they run into problems over minimum wage in terms of their contracts or in terms of their rights and entitlements, if they approach any of our 10 labour relation offices in Hong Kong, we would just keep them waiting for 30 minutes. They would then have access to an experienced Labour Officer to help explain the situation to them, explain their obligation, liability and so on.
(Please also refer to the Chinese portion of the transcript.)
Ends/Thursday, April 28, 2011
Issued at HKT 21:06
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