### 37.5

Current Level of Minimum Wage
（Since 2019/05/01）

### Why important?

The wages earned by the employees in the wage period, divided by the working hour in the wage period, must not be less than the level of Statutory Minimum Wage (SMW). Otherwise, you have to pay for the additional wages.

### How to fulfill the minimum wage (SMW)?

[Amount Required to Pay to Employee] / [Number of Working Hours of the Employee]
≥ [Level of Statutory Minimum Wage]

Amount Required to Pay to Employee
Refer to the amount of wage payable to employee, but for the calculation of minimum wage, exclude the wage paid for the time that is not hours worked. (eg. rest day)

Number of Working Hours of the Employee
It refers to hours:

1. worked in the place of work, and
2. traveled in connection with employment.

According to the employment contract, employer and employee can negotiate to decide whether wage is payable when, for example, lunch break or rest day.

Statutory Minimum Wage

### Reference

Q&A on statutory minimum wage by Labour Department:
http://www.labour.gov.hk/eng/news/mwo.htm

Leaflet and calculation example of statutory minimum wage by Labour Department:
http://www.labour.gov.hk/eng/public/smw/Concise_Guide_to_SMW_2015.pdf

Employment Ordinance Cap 57

Minimum Wage Ordinance Cap 608