By Labour Department of The Government of Hong Kong
The Statutory Minimum Wage (SMW) which was enacted on 1 May 2011, was increased in January 2023 by Hong Kong’s Executive Council. On 1 May 2023, workers earning the SMW saw their wages increase from $37.50 per hour to $40 per hour.
The monthly monetary cap on the requirement of employers recording the total number of hours worked by employees is also uprated to $16,300.
Guidelines, Calculator on Statutory Minimum Wage
According to the SMW Ordinance, the changes apply to all employees, whether they are monthly-rated, weekly-rated, daily rated, hourly-rated, piece-rated, permanent, casual, full-time, part-time, or other, and regardless of whether they are employed under a continuous contract. However, there are specific guidelines to the SMW that are outlined and linked below:
- Guidelines on Statutory Minimum Wage
- Minimum Wage Reference Calculator: The Minimum Wage Reference Calculator programme is a simple tool to assist employers and employees to compute the minimum wage for the more common work patterns for reference, quickly and initially. After entering all basic information (including hours worked and wages) and pressing the "Generate Report" button, the programme will work out the amount of minimum wage and the wages payable to the employee to see if the minimum wage requirement is met.
- Frequently Asked Questions (FAQs) on Statutory Minimum Wage: Includes instructions of who is covered, computing the number of hours worked, and information related to employment rights, etc.
Student interns and work experience students during a period of exempt student employment:
- Unless otherwise specified, the Minimum Wage Ordinance applies to every employee, employer, and the contract of employment under which they are engaged.
An exemption from SMW is provided for student interns and work experience students. Check here for details or refer to the Guidelines on Statutory Minimum information (specifically, “Notes for Student Employees and Employers”)
Employees With Disabilities
Employees with disabilities enjoy the same protection but they also have the right to invoke productivity assessment to determine whether they should be remunerated at not lower than the SMW rate or at a rate commensurate with their productivity. For details, check the “Productivity Assessment for Employees with Disabilities under the Statutory Minimum Regime” document.
Minimum Wage Ordinance, Chapter 608
The text of Ordinance 608 outlines the various provisions for a minimum wage at an hourly rate for certain employees; to establish a Minimum Wage Commission; and to make consequential amendments to the Labour Tribunal Ordinance, the Employment Ordinance, the Minor Employment Claims Adjudication Board Ordinance, and the Disability Discrimination Ordinance.
Here is the full text of the legislation.