1. What is Employment Ordinance?
Employment ordinance or employment law in Hong Kong refers to the legal framework and relationship between employers and employees, it sets out the rights, obligations, and protections for both employers and employees in various aspects of employment.
Here are key elements of employment ordinance in Hong Kong, which are wage protection, rest days, holidays with pay, paid annual leave, sickness allowance, maternity protection, statutory paternity leave, severance payment, long service payment, employment protection, termination of employment contract and protection against anti-union discrimination.
In this blog, we will talking about few of them.
Wage Protection in the Employment Ordinance of Hong Kong refers to provisions that safeguard employees’ wage and ensure timely payment by employers, the Employment Ordinance sets out various rules and regulations to protect workers rigs regarding wages.
There are two of key aspects of wage protection.
I. Minimum Wage
The Employment Ordinance establishes a statutory minimum wage in Hong Kong. It sets a baseline wage level to protect low-wage workers and ensure they receive a fair remuneration for their work.
II. Payment of Wage
The Employment Ordinance specifies the frequency and methods of wage payment. It requires employers to pay wages at regular intervals, not exceeding seven days apart. Payment should be in legal ender or by electronic means, which both employers and employees agree.
There are two of key aspects of Rest days, holidays and Leave.
I. Rest Days
The Employment Ordinance stipulates that employees can get at least one rest day per week. This rest day should be a continuous period of not less than 24 hours. However, employers may designate different rest days for different employees or categories of employees, as long as they ensure each employee receives a rest day in every period of seven days.
II. Annual Leave
Under the Employment Ordinance, employees can get an annual leave based on their length of service. The entitlement increases with the length of continuous employment, typically starting with seven days of annual leave after the completion of the first year of service. The entitlement progressively increases up to a maximum of 14 days annually after completing the ninth year of service.
C. Sickness Allowance
To be eligible, employees should be proved to have certain conditions, including taking at least four consecutive days of sick leave supported by a medical certificate or proof of compliance with anti-epidemic requirements. Employees accumulate paid sickness days, with a maximum limit of 120 days, and the daily rate of sickness allowance is calculated based on the employee’s average daily wages.
It’s important to note that there are certain conditions and requirements for employees to qualify for sick leave pay. Employees must provide medical certificates or other relevant documents to support their sick leave claims, and the sick leave must be certified by a registered medical practitioner or a registered Chinese medicine practitioner.
D. Maternity Protection and Paternity Leave
I. Maternity Protection
Maternity Protection is an important provision in the Employment Ordinance that safeguards the rights of female employees during pregnancy and childbirth. It grants female employees 14 weeks of maternity leave, with the option to start leave four weeks before the expected delivery date. During maternity leave, the employee generally receives four-fifths of her average daily wages. Termination of an employee’s contract during pregnancy or maternity leave, except for serious misconduct, is prohibited. Employers are also prohibited from disadvantaging or dismissing female employees due to pregnancy or taking maternity leave.
II. Paternity Leave
It allows male employees to take time off from work to care for their newborn child. Male employees who have been employed for at least 40 weeks before the expected delivery date are entitled to five days of paternity leave. Paternity leave can be taken within a specified period before or after the actual date of delivery. During this leave, the employee is entitled to four-fifths of his average daily wages. The purpose of paternity leave is to assist the employee in bonding with his child and supporting the child’s mother during the early stages of parenthood.
2. How Fastlane HR can help
Fastlane HR stays updated with the constantly evolving statutory employment requirements in Hong Kong. We can provide regular updates on any changes in employment laws and regulations, ensuring that your HR policies remain compliant. This saves your time and effort in researching and tracking these updates on your own. FastLane HR can also offer guidance on how to navigate and adhere to your employer responsibilities effectively.
Contact us if you need for help!