LABOUR LEGISLATION FREQUENTLY ASKED QUESTIONS Frequently Asked Questions about The Employment Ordinance, Cap. 57 Wages

LABOUR LEGISLATION FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions about
The Employment Ordinance, Cap. 57
Wages

Content
Q1.	Are commission, good attendance bonus, travelling allowance counted as part of the wages?
A1.	Yes.
Q2.	Should items referred to in Q1 be included in calculating end of year payment, maternity leave pay, severance payment, long service payment, sickness allowance, holiday pay, annual leave pay and wages in lieu of notice?
A2.	Commission, good attendance bonus and traveling allowance are included in the calculation of end of year payment, sickness allowance, holiday pay, annual leave pay and wages in lieu of notice. However, end of year payment can be the amount as specified in the employment contract. If the amount is not specified, it will be a sum equivalent to one-month average wages. The items mentioned in Q1 are to be included.
Q3.	What will be the consequences if an employer fails to pay wages on time?
A3.	An employer should pay wages to an employee when they become due and not later than 7 days from the end of the wage period. An employer who fails to pay wages to an employee within 7 days after they become due is liable to prosecution and, upon conviction, to a fine of HK$350,000 and to imprisonment for three years. If an employer fails to pay wages to the employee within 7 days from the day when the wages become due, he is required to pay interest on the outstanding amount of wages to the employee. If wages are not paid within one month from the due date of payment, an employee may deem his contract of employment to have been terminated by his employer without notice. Under such circumstances, the employer is required to pay wages in lieu of notice in addition to other statutory and contractual benefits to the employee.
Q4.	Can an employer deduct his employee's wages for absence from work or damage to employer's goods or equipment ?
A4.	Yes, but subject to restrictions. For absence from work, the employer can deduct a sum of wages which is proportionate to the period of time the employee is absent from work. If an employee damages or causes loss to the employer's goods or equipment, the employer can, in any one case, deduct a sum equivalent to the value of the damage or loss but not exceeding HK$300. The total of such deductions shall not exceed one quarter of the wages payable to the employee in that wage period.