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Employment Ordinance

20. Requirement to keep wage and employment records

(1) Section 49A(3) of the Employment Ordinance (Cap. 57) is amended by adding—

“(ea) if the employee is an employee within the meaning of the Minimum Wage Ordinance (15 of 2010) 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;”.

(2) Section 49A is amended by adding—

“(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 (15 of 2010) 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 (15 of 2010) 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.