Page:Minimum Wage Ordinance (Cap. 608).pdf/9

MINIMUM WAGE ORDINANCE '''9. Minimum hourly wage rate'''

(1) The minimum hourly wage rate for an employee is—
 * (a) for a PWD undergoing a trial period of employment, the hourly rate that is the percentage specified in section 3 of Schedule 2 of the prescribed minimum hourly wage rate;
 * (b) for an employee with a disability, the hourly rate derived by multiplying the prescribed minimum hourly wage rate by the employee’s assessed degree of productivity as stated in the certificate of assessment referred to in section 7 of Schedule 2;
 * (c) for an assessment-opting PWD who continues to be employed to do the same work for the same employer, until the end of the day on which the assessment of his or her degree of productivity in performing that work is completed under Schedule 2, the hourly rate that is the percentage specified in the option form of the prescribed minimum hourly wage rate; and
 * (d) in any other case, the prescribed minimum hourly wage rate.

(2) Despite subsection (1)(d), if a PWD who has undergone a trial period of employment becomes an employee with a disability after the expiry of the trial period, the minimum hourly wage rate for the employee must be taken to be the hourly rate provided by subsection (1)(b) on and from the first day after the expiry of the trial period.

(3) Schedule 2 has effect with respect to assessing the degree of productivity of a PWD and specifying the percentage of the prescribed minimum hourly wage rate that is applicable to a PWD undergoing a trial period of employment.

(4) Schedule 2 also provides for determining the percentage of the prescribed minimum hourly wage rate that is applicable to an assessment opting PWD until the end of the day on which the assessment of his or her degree of productivity in performing the work required under the contract of employment is completed under that Schedule.

10. Entitlement to at least minimum wage under contract of employment

(1) If, but for this Ordinance, the wages payable to an employee in respect of any wage period are less than the minimum wage for the employee for that period, the contract of employment of the employee must be taken to provide for all purposes that the employee is entitled to additional remuneration in respect of that period of the amount derived by subtracting from that minimum wage the amount of wages that, but for this Ordinance, is payable in respect of that period.