2011 Standard Employment Contract For Employees Of Contractors Of Government Service Contract Template Page 17
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18(2) if the monthly wages specified in the Tables under Clause 2 of the Schedule are:
$6,048.0 [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 $6,944.0
[$6,048.0 ÷ 27(days) x 31(days) = $6,944.0]; and
$6,728.0 [working 5.5 days a week and 8 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 $7,192.0
[$6,728.0 ÷ 29(days) x 31(days) = $7,192.0],
the monthly wages chosen shall not be less than $7,192.0. 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 $7,192.0.
(3) if the monthly wages specified in the Tables under Clause 2 of the Schedule are:
$6,048.0 [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 $6,944.0
[$6,048.0 ÷ 27(days) x 31(days) = $6,944.0]; and
$4,698.0 [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 $7,192.0
[$4,698.0 ÷ 27(days) x 31(days) ÷ 6(hours)x8(hours) = $7,192.0],
the monthly wages chosen shall not be less than $7,192.0. 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 $7,192.0.
Calculating holiday pay
Example 6
According to Clause 6(a) of the SEC, the monthly wages of an employee are $6,944.0 (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: $82,360.0, 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 : [($82,360.0 – 0) ÷ (365 – 4) (days)] = $228.1
Calculating annual leave pay
Example 7
According to Clause 6(a) of the SEC, the monthly wages of an employee are $6,496.0 (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: $77,952.0, 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: [($77,952.0 – 0) ÷ (365 – 26) (days) x 5(days)] = $1,149.7
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