2015 Standard Employment Contract For Employees Of Contractors Of Government Service Contract Template (Page 11 of 19) in pdf

Revised on 9.4.2015

Guidance Notes on Signing of Standard Employment Contract (SEC)

for Employees of Contractors of Government Service Contracts

The Guidance Notes explain the points to note when filling in the SEC and the Schedule. Before

signing the SEC, the employer and the employee should read the contents of the SEC and these Guidance

Notes thoroughly to ensure that both parties understand all the contents. The employer and the employee

should refer to the Employment Ordinance (Cap. 57) for statutory provisions on employees’ rights and

benefits.

Please note that the Employment Ordinance only lays down the minimum requirements of

employment terms. Employers and employees may enter into employment terms more favourable than

those provided in the Employment Ordinance. They may also refer to the booklet “A Concise Guide to the

Employment Ordinance” published by the Labour Department for reference.

Points to note when filling in the SEC and the Schedule

The monthly wages committed by the employer in the government service contract shall not be less

than the amount derived by multiplying the maximum number of normal working days plus paid rest days

per month (i.e. 27 normal working days plus 4 paid rest days) and the average number of normal hours of

work per day of the employee by the prescribed minimum hourly wage rate under the Minimum Wage

Ordinance (“statutory minimum wage plus rest day pay rate”). However, if the wage rate of the average

monthly wages for a particular industry/occupation as published in the Census and Statistics Department’s

Quarterly Report of Wage and Payroll Statistics (December 2010 edition) (“C&SD rate”) is higher than the

“statutory minimum wage plus rest day pay rate”, the “C&SD rate” should be adopted. Besides, the

employee’s wages shall not be less than any adjusted wage level brought about by future revisions of the

prescribed minimum hourly wage rate under the Minimum Wage Ordinance. Employees with disabilities

are entitled to the same monthly wage rate committed by the employer in the relevant government service

contract. Please refer to Schedule 3 of the Minimum Wage Ordinance and the Quarterly Report of Wage

and Payroll Statistics (December 2010 edition) for details of the prescribed minimum hourly wage rate and

the average monthly wages for the relevant industry/occupation. For the avoidance of doubt, the employee

is entitled to 1 paid rest day in every period of 7 days in accordance with Clause 4 of the SEC.

The employer and the employee can make reference to the examples listed in the last part of these

Guidance Notes in determining the employee’s monthly wages, adjusting the employee’s monthly wages

upon revision of the statutory minimum wage rate and calculating deductions for absence from work,

overtime pay, pay for work on rest day/contractual day-off and statutory benefits.

If the employee is employed to work under a single government service contract, Clause 2, Clause 3

and Clause 6(b) of the SEC on the workplace, working hours as well as overtime pay and pay for work on

rest day/contractual day-off, have to be filled in. It is not necessary to fill in the Schedule. However, if the

employee is employed by the employer to work under more than one government service contract in the

same region, then the parties have to complete the Schedule, but not Clause 2, Clause 3 and Clause 6(b) of

the SEC. The completed Schedule is an integral part of the SEC.

When filling in Clause 3 of the SEC on the working hours of the employee, the employer should also

fill in Note 5 regarding the employee’s maximum number of working hours in a day. This maximum

number of working hours in a day must be the same as that specified in the relevant government service

contract.

When filling in the monthly wages of the employee in Clause 6(a) of the SEC, the wage rate of the

monthly wages shall not be less than the wage rate of the monthly wages committed by the employer in the

relevant government service contract or with reference to paragraph 2 above any adjusted wage level brought

about by future revisions of the prescribed minimum hourly wage rate under the Minimum Wage Ordinance,

whichever is higher. Besides, the employer should also fill in Note 6(ii) regarding the information on the

2015 Standard Employment Contract For Employees Of Contractors Of Government Service Contract Template Page 11

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