2015 Standard Employment Contract For Employees Of Contractors Of Government Service Contract Template (Page 13 of 19) in pdf

12.

For the calculation of the monthly wages in the second box of Clause 3 of the Schedule for an

employee who is employed to work under more than one government service contract, the employer and the

employee may choose an amount calculated at a wage rate no less than the highest wage rate worked out

from among those monthly wages listed in the Tables under Clause 2 of the Schedule. If the employee is

required to work beyond the daily working hours in respect of the relevant government service contract as

specified in the Tables under Clause 2 of the Schedule or on a rest day/contractual day-off, he/she shall be

paid overtime pay or pay for work on a rest day/contractual day-off. The relevant wage rates should not be

less than 100% of the wage rates calculated based on the chosen monthly wages and the number of normal

working days plus paid rest days in the month and the average number of normal hours of work per day

based on which the chosen monthly wages are worked out. (Please refer to Example 6.)

13.

If an employee is on leave or absent from work, whatever the circumstances may be, the employer

shall make staffing arrangements as appropriate and pay wages to the substitute worker. The employer shall

not ask the employee to hire his/her own substitute or pay wages to the substitute.

14.

For details of the employment terms, employers and employees are advised to refer to the

employment contract and the Employment Ordinance. Any term of an employment contract which purports

to extinguish or reduce any right, benefit or protection conferred upon an employee by the Employment

Ordinance shall be void.

Contributions to Mandatory Provident Fund

15.

An employer is obliged to enrol his/her employee aged between 18 and 65 in a mandatory provident

fund scheme if the employee is employed for 60 days or more. The employer shall make the monthly

contribution for the employee to the relevant registered scheme from his/her own funds. For details, please

refer to the Mandatory Provident Fund Schemes Ordinance.

Examples for illustration

Examples listed below are for employers’ reference for calculating employees’ monthly wages,

16.

deductions for absence from work, overtime pay, pay for work on rest day/contractual day-off and statutory

benefits.

Determining the monthly wages

Example 1

According to the relevant government service contract, the committed monthly wages for a cleaner are

$8,060.0 (calculated based on the normal working days plus paid rest days per month of 31 days and the

average number of normal hours of work per day of 8). As per Clause 3 of SEC, if the cleaner:



works 6 days per week and 8 hours per day, his/her maximum number of normal working days plus

paid rest days per month shall be 31 days

[6 (days) + 1 (day)] x 4 + 3 normal working days/paid rest day = 31 days

and his/her monthly wages shall not be less than $8,060.0;



works 5.5 days per week and 8 hours per day, his/her maximum number of normal working days

plus paid rest days per month shall be 29 days

[5.5 (days) + 1 (day)] x 4 + 3 normal working days/paid rest day = 29 days

and his/her monthly wages shall not be less than $7,540.0

[$8,060.0  31(days) x 29(days) =$7,540.0];

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2015 Standard Employment Contract For Employees Of Contractors Of Government Service Contract Template Page 13

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