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The Statutory Minimum Wage (SMW) rate has been adjusted to $32.50 per hour with effect from May 1, 2015. The Labour Department (LD) today (July 11) reminded employers that the 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 not be less than the SMW rate.
"Failure to pay the minimum wage amounts to a breach of wage provisions under the Employment Ordinance (EO). According to the EO, an employer who wilfully and without reasonable excuse fails to pay wages to an employee when it becomes due is liable to prosecution and, upon conviction, to a maximum fine of $350,000 and to imprisonment for three years," an LD spokesman said.
"The LD has been conducting stringent enforcement actions to investigate wage offences relating to non-compliance with the SMW with a view to taking speedy prosecution action against wilful offenders. If a limited company has committed a wage offence with the consent, connivance or neglect of its director or responsible person, the culpable director or responsible person may also be prosecuted," he added.
To tie in with the implementation of the SMW on May 1, labour inspectors of the LD conducted a total of 7 169 inspections in May and June 2015 for routine checks and targeted enforcement campaigns, covering various sectors, including catering, retail, estate management, security and cleaning services, elderly homes, laundry and dry cleaning services and local courier services. A total of 20 750 employees were interviewed for checking employers' compliance with the Minimum Wage Ordinance and advised on the provisions under the Minimum Wage Ordinance. No suspected offence cases have been detected so far and the state of law compliance is satisfactory in general.
The LD will continue to carry out stringent enforcement actions and monitor the implementation of the SMW effectively. Employees who suspect that their employment rights are being infringed should contact the LD through its complaint hotline (2815 2200). The LD will promptly investigate all complaints upon receipt.
For more details of the SMW requirements, employers and employees are advised to obtain a copy of the Concise Guide to Statutory Minimum Wage and the other relevant guidelines at the Labour Department's website at (www.labour.gov.hk/eng/public/content2_smw.htm), or call the enquiry hotline on 2717 1771 (handled by 1823).
Ends/Saturday, July 11, 2015
Issued at HKT 11:02
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