Full legislation
s.49A
Requirement to keep wage and employment records
(1)
Every employer shall at all times keep and maintain a record in which is set
out the wage and employment history of each employee covering the period of his
employment during the preceding 12 months.
(Amended
L.N. 34 of
1990
;
7 of 2007 s. 16
)
(1A)
Without limiting subsection (1), an employer who engages a specified employee
must at all times keep and maintain a record covering the specified period
of—
(a)
the wages paid to the employee in respect of each wage period;
and
(b)
the employee’s wage period.
(Added
4 of 2022 s. 17
)
(2)
The wage records referred to in subsection
(1) or
(1A) shall be
kept—
(Amended
4 of 2022 s. 17
)
(a)
at the employer’s place of business or at the place where the employee is
employed; and
(b)
for a period of 6 months after the employee ceases to be
employed.
(3)
A record which includes particulars in relation to each employee
of—
(a)
his name and identity card number;
(b)
the date he commenced his employment;
(c)
his job title;
(d)
the wages paid to him in respect of each wage period;
(e)
his wage period;
(ea)
if the employee is an employee within the meaning of the Minimum Wage
Ordinance (
Cap. 608
) and the wages payable to the
employee in respect of any wage period are less than the amount specified in the
Ninth Schedule
(or the amount that bears the same ratio to that
amount as the length of that wage period bears to the month in which that wage
period falls, calculated where that wage period falls in more than one month
according to the number of days of that wage period falling in each particular
month), the total number of hours (including any part of an hour) that are hours
worked by the employee in that wage period;
(Added
15 of 2010 s. 20
)
(f)
periods of annual leave, sick leave, maternity leave, paternity leave and
holidays—
(Amended
21 of 2014 s. 16
)
(i)
to which he is entitled; and
(ii)
that he has taken together with details of payments made in respect of
such period;
(g)
the amount of any end of year payment payable under Part IIA and the period
to which it relates;
(h)
the period of notice required for termination of contract;
(i)
the date of any termination of employment,
shall be a sufficient record for the purposes of subsection (1).
(4)
Despite subsection (3), subsection (1) must also be taken to require an employer
to
keep—
(a)
for an employee to whom the Minimum Wage Ordinance (
Cap. 608
) does not apply because of
section 7(4)
of that
Ordinance, a document (or copy of a document) issued by an institution showing
that the period of work is arranged or endorsed by the institution in connection
with a programme being provided by the institution to the employee that is of a
kind covered by the definition of
student
intern
in
section 2
of that Ordinance; and
(b)
for an employee to whom the Minimum Wage Ordinance (
Cap. 608
) does not apply because of
section 7(5)
of that
Ordinance, the statutory declaration (or a copy of the statutory declaration)
provided by the employee under
section 3(b)
of that Ordinance and a
document (or copy of a document) issued by an institution showing that the
employee is at the commencement of the employment enrolled in a programme being
provided by the institution that is of a kind covered by the definition of
work
experience
student
in
section 2
of that Ordinance.
(Added
15 of 2010 s. 20
)
(5)
Nothing in subsection (1) requires an employer to set out in a record
particulars of a kind referred to in subsection
(3
)(
ea)
for any wage
period, or part of a wage period, of an employee that occurred before the effective
date of the hourly wage rate first specified in column 1 of
Schedule 3
to
the Minimum Wage Ordinance (
Cap. 608
) on or after the
commencement* of
section 16
of that Ordinance.
(Added
15 of 2010 s. 20
)
(6)
The Commissioner may, by notice published in the Gazette, amend the
Ninth
Schedule
.
(Added
15 of 2010 s. 20
)
(7)
For the purposes of subsections
(3
)(
ea)
and (5),
hours
worked
(
工作時數
),
wage
period
(
工資期
) and
wages
(
工資
) have the same respective meanings as in
the Minimum Wage Ordinance (
Cap. 608
).
(Added
15 of 2010 s. 20
)
(8)
In subsection (1A
)—
specified period
(
指明期間
), in
relation to a specified employee,
means—
(a)
if the employee’s pre-transition employment period is not less than 12
months—the period of 12 months immediately preceding the transition date;
or
(b)
if the employee’s
pre-
transition employment period is less than 12
months—
(i)
in the case of a monthly rated
employee—
(A)
if the employee’s pre-transition employment period covers not
less than a month—that employment period; or
(B)
if the employee’s pre-transition employment period covers less
than a month—the first month of the employee’s whole employment
period; or
(ii)
in any other
case—
(A)
if the employee’s pre-transition employment period covers not
less than 30 normal working days—that employment period;
or
(B)
if the employee’s pre-transition employment period covers less
than 30 normal working days—the period covering the employee’s first
30 normal working days in the employee’s whole employment period.
(Added
4 of 2022 s. 17
)
(9)
In the definition of
specified period
in subsection (8
)—
pre-transition employment period
(
轉制前僱傭期
) has the meaning given by
section 1(1) of Schedule 11
;
whole employment period
(
整段僱傭期
) has the meaning given by
section 1(1)
of Schedule 11
.
(Added
4 of 2022 s. 17
)