Page:Minimum Wage Ordinance (Cap. 608).pdf/12

MINIMUM WAGE ORDINANCE '''14. Report of Commission'''

(1) The Chief Executive must require that a report under section 12(1) is made at least once in every 2 years.

(2) The Chief Executive must, as soon as practicable after receiving a report made under section 12, cause a copy of it to be published. PART 4 15. No contracting out

A provision of a contract of employment (whether the contract was entered into before, on or after the commencement of this section) that purports to extinguish or reduce any right, benefit or protection conferred on the employee by this Ordinance is void.

16. Amendment of Schedule 3

(1) The Chief Executive in Council may, by notice published in the Gazette, amend Schedule 3 to—
 * (a) specify in column 1 an hourly wage rate or increase or reduce the then current hourly wage rate specified in that column; and
 * (b) specify in column 2 the effective date for any amendment referred to in paragraph (a).

(2) In exercising a power under subsection (1), the Chief Executive in Council may have regard to any recommendation included in a report made under section 12(1) but is not bound by the recommendation.

(3) Subsection (1) only confers power to fix a single hourly wage rate that is applicable to all employees, whether directly or as a factor in calculating their minimum wage.

(4) Section 34(2) of the Interpretation and General Clauses Ordinance (Cap. 1) applies to a notice under subsection (1) as if—
 * (a) for the words “amended in any manner whatsoever consistent with the power to make such subsidiary legislation” there were substituted the words “wholly revoked”; and
 * (b) for the words “to be amended” there were substituted the words “to be wholly revoked”.