Page:Minimum Wage Ordinance (Cap. 608).pdf/19

MINIMUM WAGE ORDINANCE—SCHEDULE 2 (4) Subject to subsection (5), the length of the trial period is 4 weeks or until the end of the day on which the assessment of the degree of productivity of the PWD is completed, whichever period is the shorter.

(5) On an application made to the Commissioner jointly by the PWD and the employer before the end of the trial period, the Commissioner may, in exceptional circumstances, extend the length of the trial period applying to them by up to 4 weeks.

3. Percentage of prescribed minimum hourly wage rate applicable during trial period of employment

For the purposes of section 9(1)(a), the specified percentage is 50%.

4. PWDs employed before commencement may opt for an assessment

(1) A PWD who—
 * (a) was employed immediately before the commencement of section 9;
 * (b) continues to be employed to do the same work for the same employer; and
 * (c) is employed at an hourly wage rate that is less than the first prescribed minimum hourly wage rate,

may, before the effective date of the first prescribed minimum hourly wage rate, elect to have his or her degree of productivity in performing the work required under the contract of employment assessed under this Schedule.

(2) An election is made by the employee signing an option form and giving it to his or her employer as soon as practicable after signing it.

(3) An option form must—
 * (a) be in the form approved by the Commissioner;
 * (b) specify the hourly wage rate (“the current contractual rate”) at which the PWD is then employed; and
 * (c) specify the percentage of the first prescribed minimum hourly wage rate that the current contractual rate represents.

(4) The employer must countersign the option form before the effective date of the first prescribed minimum hourly wage rate and give a copy of it to the employee as soon as practicable after doing so.

(5) This section is subject to section 6(6) of this Schedule.