Page:Minimum Wage Ordinance (Cap. 608).pdf/20

MINIMUM WAGE ORDINANCE—SCHEDULE 2 '''5. Other employees may opt for an assessment'''

(1) An employee who is a PWD (other than a PWD to whom section 2 of this Schedule applies who has chosen to undergo a trial period of employment or a PWD who is an assessment-opting PWD) may at any time, if he or she chooses to do so, seek to have his or her degree of productivity in performing the work required under the contract of employment assessed under this Schedule.

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

6. Assessment

(1) This section applies to an assessment under this Schedule with respect to the following employees—
 * (a) a PWD who has chosen to undergo a trial period of employment under section 2 of this Schedule;
 * (b) an assessment-opting PWD;
 * (c) a PWD covered by section 5 of this Schedule who has chosen to have an assessment made.

(2) The purpose of an assessment is to determine the degree (if any) to which the productivity of the PWD in performing the work required under the contract of employment is affected by a disability.

(3) The assessment must be made by an approved assessor at a time agreed by the PWD and his or her employer. For a PWD who has chosen to undergo a trial period of employment under section 2 of this Schedule, that time may be within the trial period of employment or after the expiry of that period.

(4) The Commissioner may, in writing, approve an assessor who satisfies the requirements of paragraphs (a) and (b) of the definition of “approved assessor” in section 1(1) of this Schedule for the purpose of making assessments under this Schedule.

(5) The Commissioner may, by notice published in the Gazette, specify methods of assessment for the purposes of this Schedule.

(6) A PWD in respect of whom an assessment of his or her degree of productivity has been completed cannot have any further assessment made for the same work with the same employer.

7. Certificate of assessment

(1) An approved assessor who makes an assessment of the degree (if any) to which the productivity of the PWD in performing the work required under the contract of employment is affected by a disability must provide to the PWD and the employer a certificate of assessment.