Frequently Asked Questions about
The Minimum Wage Ordinance, Cap. 608


Q :

Can employers unilaterally reduce benefits to which employees are currently entitled under employment contracts?

A :

According to the Employment Ordinance, employers should not unilaterally vary the employment terms and conditions of employees. The Labour Department stands ready to assist employers and employees to resolve their problems and reach consensus. If employees suspect that their employment rights have been undermined, they could seek help from the Labour Department. The Labour Department will actively follow up such cases. Any provision in the contract of employment seeking to extinguish or reduce the employee’s SMW entitlement shall be void under the law.

Employees are an enterprise’s valuable asset. We appeal to employers to treat their employees well so as to maintain harmonious labour relations. Employers should carefully assess the impact both on themselves and on the employees in contemplating any change to the employment terms. Sufficient communication between employers and employees is necessary. Employees will always have a greater commitment to work as well as a stronger sense of belonging when employers respond positively and sincerely to their reasonable requests. This will be beneficial to the operation and business of the enterprise and ultimately achieve a win-win situation for both employers and employees.