TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 82

Under the

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2,3&4

Trade Boards Ordinance, there are provisions for the Governor in Council to fix minimum wages, by means of a Trade Board including representatives of employers and workers, if he is satisfied that the wages in any trade are unreasonably low. So far, it has not been found necessary to establish a Trade Board to determine minimum wages in any section of industry.

Article 15

1.

Under the Employment Ordinance, every employer shall inform his employee of any change that takes place in the conditions with regard to wages and at the time of each payment of wages, of the particulars of his wages for the wage period concerned. Where there is any written amendment made to a contract of employment, the employer shall provide his employee with a copy of the written amendment. Under Parts VII, VIII and VIIIA of the same ordinance, every employer is required to give holiday pay, annual leave pay and sickness allowance to his employees who are qualified and. entitled to these benefits under the ordinance. The provisions concerning the granting of statutory holiday pay, annual leave pay and sickness allowance are administered by the Labour Department. Enforcement is mainly by complaint and is supplemented by a Special Enforcement Team to monitor the compliance by employers of the provisions and to investigate complaints of non-compliance.

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Section 49A of the Employment Ordinance further provides that every employer shall at all times keep and maintain a record which contains information about the wage and employment history of each employee for the preceding six months of employment. The record shall be kept at the employer's place of business and it shall be kept for another six months after

after the employee ceases to be employed. The record shall include the following particulars of the employee :

a)

d)

e)

f)

g)

h)

i)

There

to

name and identity card number; commencement date of employment; job title;

wages paid in respect of each wage period; wage period;

period of annual leave, sick leave, maternity leave and holidays to which a worker is entitled and which he has taken, together with details of payments made;

the amount of any end of year payment payable under Part IIA of the Employment Ordinance and the period to which it relates;

the period of notice required for termination of contract; and

the date of termination of employment, if applicable.

are no provisions in the Employment Ordinance requiring employers

issue statements of wage payments. Nevertheless, it is common for employers to issue records of wage payments to their employees in the form of a bank statement or a receipt of wages received.

2&3

Under section 26 of the Employment Ordinance, wages shall be paid on a working day directly to an employee in legal tender. With the consent of an employee wages may be paid (a) by cheque, money order or postal order; (b) into an account in his name with any bank licensed under the Banking Ordinance; or (c) to his duly appointed agent.

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