### Minimum Wage Ordinance 《最低工資條例》

6. Wages
(1) A deduction from the wages of an employee made under section 25(3) or 32(2)(b), (c), (d), (e), (f), (g), (ga), (h) or (i) of the Employment Ordinance (Cap. 57) in respect of any wage period must be counted as part of the wages payable in respect of that period. (Amended 21 of 2014 s. 18)
(2) A payment made to an employee in any wage period for any time that is not hours worked by the employee must not be counted as part of the wages payable in respect of that or any other wage period.
(3) An advance or over-payment of wages made to an employee in any wage period must not be counted as part of the wages payable in respect of that period.
(4) A payment of arrears of wages in respect of an earlier wage period made to an employee in any wage period must not be counted as part of the wages payable in respect of the wage period in which it is paid.
(5) Despite subsections (1), (3) and (4), for the purposes of this Ordinance, any commission paid, with the prior agreement of the employee, at any time after the first 7 days of a wage period but before the end of the 7th day immediately after that period must be counted as part of the wages payable in respect of that period irrespective of when the work is done or the commission is otherwise payable under the contract of employment.

7. Application of Ordinance
(1) Subject to this section, this Ordinance applies to every employee, his or her employer and the contract of employment under which he or she is engaged.
(2) This Ordinance does not apply to a person to whom the Employment Ordinance (Cap. 57) does not apply because of section 4(2) of that Ordinance or who is engaged under a contract of apprenticeship registered under the Apprenticeship Ordinance (Cap. 47).
(3) This Ordinance does not apply to a person who is employed as a domestic worker in, or in connection with, a household and who dwells in that household free of charge.
(4) This Ordinance does not apply to a student intern.
(5) This Ordinance does not apply to a work experience student during a period of exempt student employment.

### Minimum Wage Ordinance 《最低工資條例》

8. Employees to be paid at least minimum wage
(1) An employee is entitled to be paid wages in respect of any wage period of not less than the minimum wage.
(2) The minimum wage for an employee for a wage period is the amount derived by multiplying the total number of hours (including any part of an hour) worked by the employee in the wage period by the minimum hourly wage rate for the employee provided by section 9.
(3) This section is subject to section 18 (transitional provisions).

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.

### Minimum Wage Ordinance 《最低工資條例》

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.
(2) Without limiting subsection (1), the purposes referred to in that subsection include calculating—
(a) the amount of any wages or of any other sum payable under the Employment Ordinance (Cap. 57);
(b) any amount payable by way of an ex gratia payment under the Protection of Wages on Insolvency Ordinance (Cap. 380);
(c) the amount of any mandatory contribution required to be paid to a provident fund scheme under the Mandatory Provident Fund Schemes Ordinance (Cap. 485); and
(d) the monthly earnings of the employee for the purposes of the Employees’ Compensation Ordinance (Cap. 282) or the Occupational Deafness (Compensation) Ordinance (Cap. 469).
(3) To avoid doubt and without limiting subsection (1), the amount of any additional remuneration to which an employee is entitled under subsection (1) forms part of the wages payable to the employee under the Employment Ordinance (Cap. 57) and a failure to pay it may be dealt with in the same way as a failure to pay any other portion of those wages.