5. Information and record keeping

5. Information and record keeping

Information to persons entering employment

Before employment begins, an employer must inform the persons entering employment the conditions of employment under which they are to be employed, including:

1. wages (including rate of wages, overtime rate and any allowance, whether calculated by piece, job, hour, day, week or otherwise);
2. wage period;
3. length of notice required to terminate the contract; and
4. if the employee is entitled to an end of year payment, the end of year payment or proportion and the payment period.

If the contract of employment is in writing, the employer should give a copy of it to the employee for information. If it is not in writing, the employee has the right to make a written request, before the employment is entered into, for such information in writing.

Information to employees

Whenever there is any change in the conditions of service, whether these have merely been proposed to employees or are actually in force, the employer should inform them promptly. If such change to conditions of service is in writing or upon the written request from the employees, a copy of the written amendment should be provided to them.

Record keeping

Every employer must at all times keep a record setting out the wage and employment history of each employee covering the period of his employment during the preceding 12 months. The record should include the following information of the employee:

1. name and identity card number;
2. date of commencement of employment;
3. job title;
4. wages paid in respect of each wage period;
5. wage period;
6. total number of hours worked in each wage period (if applicable under the requirements relating to statutory minimum wage);
7. Periods of annual leave, sick leave, maternity leave, paternity leave and holidays entitled and taken, together with details of payments made in respect of such periods;
8. amount of end of year payment and the period to which it relates (if any);
9. period of notice required for termination of contract;
10. date of termination of employment (if any).

The wage and employment records must be kept at the employer’s place of business or at the place where the employee is employed, and they should also be kept for a period of another six months after the employee ceases to be employed. Employers should keep proper records in relation to employees’ attendance, leave and wages, etc. for the purpose of calculating statutory entitlements.

An employer who fails to keep the above record is liable to prosecution and, upon conviction, to a fine of HK$10,000. Officers of the Labour Department may inspect the above record, inquire any person or seize anything which may appear to be evidence of an offence under the Employment Ordinance. Any person who fails to comply with the requirements of the officers of the Labour Department is liable to prosecution and, upon conviction, to a fine of HK$100,000 and imprisonment of 1 year.