(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.
PART 2
Entitlement to Minimum Wage
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).
