Contents of Section

Chapter:

608 PDFTitle:MINIMUM WAGE ORDINANCEGazette Number:L.N. 146 of 2010
Section:2Heading:InterpretationVersion Date:12/11/2010


In this Ordinance—
“accredited programme” (經評審課程) means a full-time programme that—

        (a) is provided by an education institution specified in Schedule 1;
        (b) is a learning programme of a kind described in section 1, 2 or 3 of Schedule 3 to the Accreditation of Academic and Vocational Qualifications Ordinance (Cap 592); and
        (c) if provided by a school registered or provisionally registered under the Education Ordinance (Cap 279), is at the level of post secondary education (within the meaning of that Ordinance);
“assessment-opting PWD” (選擇受評估殘疾人士) means a PWD who, in accordance with section 4(2) of Schedule 2, has elected to have an assessment made under that Schedule of his or her degree of productivity in performing the work required under the contract of employment;
“chairperson” (主席) means chairperson of the Commission;
“Commission” (委員會) means Minimum Wage Commission established by section 11;
“Commissioner” (處長) has the same meaning as in the Employment Ordinance (Cap 57);
“contract of employment” (僱傭合約) has the same meaning as in the Employment Ordinance (Cap 57);
“domestic worker” (家庭傭工) means a domestic helper, carer, chauffeur, gardener, boat-boy or other personal helper employed in, or in connection with, a household;
“employee” (僱員) means a person engaged as an employee under a contract of employment other than a person covered by section 7(2), (3), (4) or (5);
“employee with a disability” (殘疾僱員) means an employee who is a PWD and whose degree of productivity in performing the work required under the contract of employment is stated in a certificate of assessment that has effect for the purposes of section 9(1)(b);
“employer” (僱主) has the same meaning as in the Employment Ordinance (Cap 57);
“exempt student employment” (獲豁免學生僱用)—see section 3;
“hours worked” (工作時數)—see section 4;
“member” (委員) means member of the Commission;
“minimum wage” (最低工資), for an employee for a wage period, has the meaning given by section 8(2);
“non-local education programme” (非本地教育課程) means a full-time programme of education which leads to the award of a non-local academic qualification which is at the level of degree or higher;
“option form” (選擇表格) means a form referred to in section 4 of Schedule 2;
“place of employment” (僱傭地), in relation to an employee, means any place at which the employee is, in accordance with the contract of employment or with the agreement or at the direction of the employer, in attendance for the purpose of doing work or receiving training;
“prescribed minimum hourly wage rate” (訂明每小時最低工資額) means the hourly wage rate specified in column 1 of Schedule 3;
“PWD” (殘疾人士) means a person who holds a valid Registration Card for People with Disabilities issued by the Central Registry for Rehabilitation established by the Government;
“student intern” (實習學員) means—
        (a) a student undergoing a period of work arranged or endorsed by an education institution specified in Schedule 1 in connection with an accredited programme being provided by the institution to the student; or
        (b) a student resident in Hong Kong and undergoing a period of work arranged or endorsed by an institution in connection with a non-local education programme being provided by the institution to the student,
    for which the work is a compulsory or elective component of the requirements for the award of the academic qualification to which the programme leads;
“trial period of employment” (僱傭試工期) means a trial period of employment referred to in section 2 of Schedule 2;
“wage period” (工資期)—see section 5;
“wages” (工資), subject to section 6, has the same meaning as in the Employment Ordinance (Cap 57);
“work experience student” (工作經驗學員) means a student who—
        (a) is enrolled in an accredited programme; or
        (b) is resident in Hong Kong and enrolled in a non-local education programme,
    and who is engaged under a contract of employment at the beginning of which he or she is under the age of 26 years.