What is meant by “wages”?
The meaning of wages in Hong Kong includes all salaries, earnings, allowances and bonuses that are payable to employees for work that has already been done and work that is going to be done.
Payment of salary
Under Hong Kong law, monthly salaries for migrant domestic workers (‘MDW’) should be paid by the last day of each month, but at the latest, within 7 days from the end of the month. For example:
- 30 March: salary should be paid by employer
- 6 April: deadline to pay salary before the employer has to start paying interest
Under section 25A of the Employment Ordinance, if an employer is late to pay their MDWs salary by more than 7 days after the end of the month, the employer must pay interest on the salary.
Wage deduction
Under Chapter 3 of the Employment Ordinance, it is illegal for an employer to deduct salary from their employee. There are only a few situations when the employer is allowed to deduct from their employee’s salary:
- The employer can deduct salary if the employee is absent (or not present) at work. The deduction should be reasonable.
- If the employee is absent because they are sick, the employee is entitled to 80% of their daily wage
- The employer can deduct salary if the employees damages or loses the employer’s property. If more than one item is damaged, the maximum the employer can deduct in total is HK$300. The total the employer deduct cannot be more than 25% of the MDW’s wage.
- If the employer has paid their MDW too much money, the employer can deduct the extra from the next month’s salary. The deduction cannot be more than 25% of the MDW’s monthly wage.
- The employer can deduct salary from the MDW if the employer has made a loan to the MDW, and the MDW consents (agrees) to the deduction.
Failure to Pay Salary
If your employer cannot pay your salary (for example, your employer lost their job), your employer must terminate (break) your contract in accordance with your Employment Contract. Additionally, an MDW can also terminate (break) her contract if her employer cannot pay the salary due to her.
“Terminal entitlements” refers to the money you are owed. This can include things like food allowance, travel allowance and overtime.
If your employer does not pay your salary after one month, under Chapter 9 of the Employment Ordinance, an MDW can terminate her contract without notice to your employer. The MDW is also allowed to ask her employer for payment instead of notice and other legal and contractual payments.
What should I do if I have issues with my salary?
The first action an MDW should do if you are having issues with your salary is to formally ask your employer. Under the Employment Ordinance of Hong Kong, ‘terminal payments’ mean the money you would receive at the end of your employment.
This includes:
- Money under the Employment Ordinance that the employee has not received after being dismissed/fired;
- The money the MDW can reasonably expect to receive under the Employment Ordinance if the MDW was allowed to continue with her employment; and
- Any other money that the MDW is due under her Employment Contract
Usually, an MDW can expect to receive:
- Monthly salary;
- Food allowance (if you were given a food allowance);
- Daily salary in place of annual leave, public holiday or non-taken rest day; and
- Repayment for any money spent by the MDW – e.g. recruitment costs, transport fee, flight ticket, visa and medical check up
Below is an example of how an MDW’s terminal payments may look like:
Annie has been working for Benjamin for 6 years as a migrant domestic worker in Hong Kong. This contract will be Annie’s last contract with Benjamin. Annie’s terminal payments (end of employment money) will include:
- Her monthly salary (HK$6,000);
- Her food allowance (HK$2,000);
During Annie’s 6 years of working with Benjamin, Annie never took any annual leave but she took all public holidays off. Once her contract expires, Annie would get:
- Her last monthly wage (HK$6,000);
- Her last food allowance (HK$2,000)
- Payment for annual leave (holiday)
Contact an NGO or legal advisor if you need help understanding what money you are allowed to get at the end of your employment with your employer (see below).
What if my employer does not pay my salary? Or deducts my salary?
In Hong Kong, under the Employment Ordinance, any employer who:
- Fails to pay their employee on time; or
- Makes an illegal deduction (cut) from their employee’s salary; or
- Fails to pay interest on late salary,
can be arrested and charged. If the employer is found guilty, they may have to pay a fine of HK$350,000 and may have to go to prison for up to 3 years. If you are not getting your salary or your salary are being deducted (cut), you may wish to contact an NGO or legal advisor for help.
Helpful Tips
- Stay safe. If your employer is harassing or threatening you about your salary, try your best to remove yourself from the situation and seek help.
- Check everything before you leave your employer’s home. Make sure you have all your documents and belongings.
- Try to reach an agreement with your employer. In some situations, you may consider talking to your employer and trying to reach an agreement before submitting a case at the Labour Department.
If that is not possible, then: - Consider submitting a labor case at the Labour Department. If your employer does not want to talk to you, or if it is dangerous for you to talk to your employer, you can consider filing a case at the Labour Department.
- Keep evidence of any money your employer has given you, and keep your documents safely (e.g. employment contract, wage receipts, employer’s full name, contact number and address).
- Be aware that there are strict time limits to submitting a labor case. Contact an NGO or legal advisor for advice to check if your have enough time to submit your case.
- Don’t delay taking action. If you are in danger, remove yourself from the danger as soon as possible and seek help and support from a trusted person.
- You do not have to tell your employer that you will submit a case against them. Sometimes, employers may react negatively or get angry if you tell them that you want to submit a case. The employer may try to accuse you of doing something wrong in order to save themselves. The best action is to stay calm and seek help as soon as possible.
How can I file a case against my employer at the Labour Department?
If you want to file a case against your employer, you have to go to the Labour Department. The Labour Department has offices all around Hong Kong – you must go to the office that is nearest to your employer’s home. The Labour Department officers will then help you to fill in a form, where you will write down what your employer has failed to do (e.g. deducted salary, paid salary late etc). You may consider contacting an NGO or legal advisor if you need help with filing the case.
What happens after I file the case?
The Labour Department staff will arrange a ‘conciliation meeting’ between you and your employer. The conciliation meeting is a meeting where you and your employer try to come to an agreement about how to solve the issue, and a Labour Department officer will help you both come to an agreement. The Labour Department officer is neutral and does not take any side in the meeting. The conciliation meeting can be in person, or over the phone.
Sometimes, an agreement cannot be reached. In this case, the Labour Department officer will ask you if you want to file a case at court. If you decide to file the case at court, a judge will decide if your employer must pay you the money. At this stage, it may be advisable to contact an NGO or legal advisor for advice whether you have a strong claim.
Be aware that a case at the court can take a long time to resolve. Also think about your visa – you will likely need to get a visitor visa while you wait for your case to resolve, and this means you cannot work in Hong Kong as it is illegal for visitors to work. You may wish to contact an NGO or legal advisor if you have concerns about your visa.
