Employment Disputes
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5. Employer to record the total numbers of hours worked by employee

The wage and employment records kept by an employer under the Employment Ordinance should include the total number of hours (including any part of an hour) worked by the employee in a wage period if:

  • SMW applies to the employee (Please refer to Coverage of the Ordinance above); and
  • wages payable in respect of that wage period are less than $11,500 per month (Please refer to Wages payable to employee in respect of wage period above).

  • Example 1:

    Assuming the following employment terms according to the contract of employment:

    An employee’s wage period is each calendar month and he is entitled to a monthly salary of $13,000 with paid rest days. In the wage period of May, payments made to the employee for time that is not hours worked in the wage period are rest day pay for 4 days and statutory holiday pay for 1 day.

    Whether the wages payable meet the monthly monetary cap is calculated as follows:

    Monthly salary =

    $13,000

    Rest day pay for 4 days = $13,000÷31days X 4 =

    ($1,677)

    Statutory holiday pay for 1 day = $13,000÷31days X 1 =

    ($419)

    $10,904

      → Since the amount calculated is less than the monthly monetary cap of $11,500, the employer must keep records of the total number of hours worked by the employee in that wage period.

    Example 2:

    Assuming the following employment terms according to the contract of employment:

    An employee’s wage period is each calendar month and he is entitled to a monthly salary of $13,000 with no-pay rest days. In the wage period of May, payment made to the employee for time that is not hours worked in the wage period is statutory holiday pay for 1 day.

    Whether the wages payable meet the monthly monetary cap is calculated as follows:

    Monthly salary =

    $13,000

    Statutory holiday pay for 1 day = $13,000÷27days X 1 =

    ($481)

    $12,519

      → Since the amount calculated is not less than the monthly monetary cap of $11,500, the wage and employment records are not required to include the total number of hours worked in that wage period.

    1. What is the monetary cap if the wage period is not a calendar month?
    2. What is the format required for the record of the total number of hours worked?
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