2015 Standard Employment Contract For Employees Of Contractors Of Government Service Contract Template (Page 12 of 19) in pdf

maximum number of normal working days plus paid rest days per month and the average number of normal

hours of work per day of the employee which form the basis for working out the monthly wages specified in

Clause 6(a) of the SEC, and in Note 6(iii) the information on the monthly wages committed by the employer

in the relevant government service contract (such information must be the same as that specified in the

relevant government service contract). When filling in Note 6(ii), the employer should derive the maximum

number of normal working days plus a paid rest day for every 7 days in a month of 31 days as follows:

(number of normal working days per week + 1 paid rest day) x 4 (weeks) + maximum number of working

days/paid rest day for the remaining week. The maximum number of working days/paid rest day for the

remaining week shall be equal to the number of normal working days per week of the employee + 1 paid rest

day or 3 days, whichever is lower. (Please refer to Examples 1 and 2.)

When filling in the monthly wages, if the employee is employed to work under more than one

government service contract, please mark a “” at the second box of Clause 6(a) of the SEC and fill in

information such as the relevant government service contract numbers, places of work, working hours and

monthly wages in the Schedule. The monthly wages of the employee should be derived with reference to

paragraph 6 above. If the employee works under different government service contracts, the actual monthly

wages to be received by the employee shall be calculated in accordance with the monthly wages specified in

the Tables under Clause 2 of the Schedule in respect of different government service contracts under which

he/she has worked on the basis of the number of normal working days plus paid rest days in a particular

month. If, in the future, there is a change in the number of government service contracts listed in the

Schedule, the employer should comply with Clause 21 of the SEC and amend the Schedule.

To avoid confusion, the “monthly wages” under SEC do not include any overtime pay and allowances.

Except for deductions of wages made in accordance with the Employment Ordinance and the Mandatory

Provident Fund Schemes Ordinance (Cap. 485), the wages provided by the employer shall not be less than

the monthly wages specified in the employment contract. The monthly wages shall not be broken down into

different items, but they may include other wage items on top of the monthly wages. (For example, if the

monthly wages are HK$7,000, and the employer pays an additional allowance of HK$500, the total monthly

wages of the employee shall be HK$7,500.) The employee’s monthly wages and other income should not

be labelled as housing allowance.

The employee employed under the SEC is monthly-rated. Deductions for absence from work and

the wage rate for overtime pay and pay for work on rest day/contractual day-off shall be calculated on the

basis of the number of normal working days plus paid rest days in a particular month. (Please refer to

Examples 3 and 4.) The statutory benefits of the employee such as holiday pay, annual leave pay, sickness

allowance and maternity leave pay, shall be calculated in accordance with the provisions of the Employment

Ordinance. (Please refer to Examples 7 – 11.)

10.

When filling in the monthly wages in the Tables under Clause 2 of the Schedule for the employee

working under different government service contracts, the wage rate shall not be less than the wage rates of

the monthly wages committed by the employer in the relevant government service contracts 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 13 regarding the information on the maximum number of normal working days plus paid rest

days per month and the average number of normal hours of work per day which form the basis for working

out the monthly wages specified in the Tables under Clause 2 of the Schedule, and also information on the

monthly wages committed by the employer in the relevant government service contracts (such information

must be the same as that specified in the relevant government service contracts).

11.

The rest day pay for an employee who is employed to work under more than one government service

contract shall be the average daily wages of the employee for work on a normal working day (excluding

overtime pay). (Please refer to Example 5.)

- 2 -

2015 Standard Employment Contract For Employees Of Contractors Of Government Service Contract Template Page 12

Related Articles

Related forms

Related Categories