Page:Minimum Wage Ordinance (Cap. 608).pdf/10

(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.

PART 3
Minimum Wage Commission

11. Establishment and constitution of Commission

(1) A Commission is established to be known as “Minimum Wage Commission” in English and “最低工資委員會” in Chinese.

(2) The Commission consists of—

(a) a person, who is not a public officer, appointed as the chairperson;

(b) not more than 9 other members who are not public officers of whom—

(i) not more than 3 must be persons who, in the opinion of the Chief Executive, have knowledge of, or experience in, matters relating to the labour sector;

(ii) not more than 3 must be persons who, in the opinion of the Chief Executive, have knowledge of, or experience in, matters relating to the business sector; and

(iii) not more than 3 must be persons who, in the opinion of the Chief Executive, have knowledge of, or experience in, a relevant academic field; and

(c) not more than 3 other members who are public officers.