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The Minimum Wage Ordinance (MWO), with the initial statutory minimum wage (SMW) rate of $28 per hour, takes effect from today (May 1).
The introduction of SMW represents a significant milestone and breakthrough in protecting our grassroots workforce. According to the MWO, wages payable to an employee in respect of any wage period, when averaged over the total number of hours worked in the wage period, should be no less than the SMW rate of $28.
Employees are covered by SMW, regardless of whether they are monthly-rated, daily-rated, casual or part-time, and whether or not they are employed under a continuous contract as defined in the Employment Ordinance. SMW is not applicable to live-in domestic workers, student interns and work experience students as specified in the MWO.
SMW applies to employees with disabilities and able-bodied employees alike. Special arrangement is also provided under the MWO so that persons with disabilities may choose to undergo a productivity assessment. The right to invoke the assessment is vested in the employees with disabilities, not the employers.
The Labour Department (LD) has been organising a wide range of publicity and promotional activities on the MWO. It has released the "Statutory Minimum Wage: Reference Guidelines for Employers and Employees" to assist employers and employees across the board in understanding the practical application of the MWO to facilitate their compliance with the law. In addition, six sets of industry-specific guidelines have been drawn up in consultation with the concerned industry-based Tripartite Committees and stakeholders to address the particular mode of operation or pay arrangement of nine sectors. These nine sectors include catering, retail, property management/security/cleaning services, hotel/tourism, logistics, and real estate.
With the coming into operation of the MWO, LD has arranged during the holiday period today and tomorrow to conduct inspections to establishments of low-paying sectors including catering, retail, security and cleaning services, etc. Labour inspectors will explain to employers and employees the requirements of the law and distribute leaflets on SMW for their reference. The employment conditions of workers will also be enquired and follow-up actions will be taken as and when required.
Through such measures as on-going workplace inspections and targeted enforcement actions against the low-paying sectors, LD spares no efforts to safeguard the rights of employees under the MWO.
Enquiries on the MWO can be made at LD's 24-hour hotline 2717 1771 (handled by the 1823 Call Centre) and 10 District Offices of the Labour Relations Division. Leaflets and reference guidelines on SMW are also available at these Labour Relations District Offices and LD's homepage (www.labour.gov.hk).
Ends/Sunday, May 1, 2011
Issued at HKT 11:01
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