2015 Standard Employment Contract For Employees Of Contractors Of Government Service Contract Template (Page 18 of 19) in pdf

(3) if the monthly wages specified in the Tables under Clause 2 of the Schedule are:

 $7,020.0 [working 5 days a week and 8 hours a day in Table (1)], if the employee is required to

work 6 days a week and 8 hours a day, then the monthly wages shall be $8,060.0

[$7,020.0  27(days) x 31(days) =$8,060.0]; and

 $5,427.0 [working 5 days a week and 6 hours a day in Table (2)], if the employee is required to

work 6 days a week and 8 hours a day, then the monthly wages shall be $8,308.0

[$5,427.0  27(days) x 31(days)  6(hours)x8(hours) =$8,308.0],

then the monthly wages chosen shall not be less than $8,308.0. The wage rates of the employee’s

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

monthly wages of $8,308.0.

Calculating holiday pay

Example 7

According to Clause 6(a) of the SEC, the monthly wages of an employee are $8,060.0 (working 6 days per

week and 8 hours per day). The holiday pay (according to the Employment Ordinance) shall be:

 12-month wages earned immediately preceding the holiday:$95,680.0, including wages of 301 days

of work, 52 paid rest days and 8 paid statutory holidays. No overtime work is performed during the

period.

 Leave taken with less than full wages in the 12-month period: 4 statutory holidays without pay

(statutory holidays falling within the first 3 months of employment are without pay).

 Periods and the sum to be disregarded: 4 days of statutory holidays without pay (as the 4 days are

statutory holidays without pay, the amount to be disregarded will be $0).

 Holiday pay : [($95,680.0 – 0)  (365 – 4) (days)] = $265.0.

Calculating annual leave pay

Example 8

According to Clause 6(a) of the SEC, the monthly wages of an employee are $7,540.0 (working 5.5 days per

week and 8 hours per day). 5 days of annual leave pay (according to the Employment Ordinance) shall be:

 12-month wages earned immediately preceding the annual leave: $90,480.0, including wages for 275

days of work and the following leaves (no overtime work is performed during the period):

 52 paid rest days

 12 paid statutory holidays

 26 unpaid contractual day-off.

 Periods and the sum to be disregarded: 26 unpaid contractual day-off (as the 26 contractual day-off

are unpaid, the amount to be disregarded will be $0).

 5-day annual leave pay: [($90,480.0 – 0)  (365 – 26) (days) x 5(days)] = $1,334.5.

Example 9

According to Clause 6(a) of the SEC, the monthly wages of an employee are$8,060.0 (working 6 days per

week and 8 hours per day). 5 days of annual leave pay (according to the Employment Ordinance) shall be:

 12-month wages earned immediately preceding the annual leave :$121,720.0, including

 $96,720.0 for 301 days of work, 52 paid rest days and 12 paid statutory holidays

 Overtime pay of $25,000.0 (where the monthly average over the past 12 months is not less

than 20% of the average monthly wages of the employee during the same period).

 Periods and the sum to be disregarded: No period and sum have to be disregarded because the

employee is not paid less than his full wages for the leave taken in the 12-month period.

 5-day annual leave pay: [($121,720.0 – 0)  (365 – 0) (days) x 5(days)] = $1,667.4

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2015 Standard Employment Contract For Employees Of Contractors Of Government Service Contract Template Page 18

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