1. How are ‘hours worked’ calculated?

1. How are ‘hours worked’ calculated?

Section 4 of the Minimum Wage Ordinance states that hours worked include any time when the employee is, in accordance with the contract of employment or with the agreement or at the direction of the employer:

• in attendance at a place of employment, irrespective of whether he is provided with work or training at that time; or
• travelling in connection with his employment, excluding travelling (in either direction) between his place of residence and his place of employment, other than a place of employment that is outside Hong Kong and is not his usual place of employment.

A place of employment 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.

Apart form the Minimum Wage Ordinance, if the time in question is regarded as hours worked by the employee under the employment contract or agreement with the employer, such time should be included in computing minimum wage.

Example 1

An employee works in the office from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 6:00 p.m. in accordance with the contract of employment. He also works overtime from 6:00 p.m. to 7:00 p.m. with the agreement or at the direction of the employer. The time from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 7:00 p.m. is hours worked for computing minimum wage.

Example 2

An employee works in a company in Hong Kong. The travelling time between his place of residence and the company is not hours worked for computing minimum wage. One day, this employee delivers some documents from the company to a client’s office, and then returns to the company. With regard to the travelling time between his company and the client’s office when he is, in accordance with the contract of employment or with the agreement or at the direction of the employer, travelling in connection with his employment, the time is hours worked for computing minimum wage.

Example 3

If an employee arrives to work early to avoid busy traffic, or stays late for personal reasons, then this would not be ‘hours worked’ as he/she is not, 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.

Example 4

At the direction of the employer, an employee works outside Hong Kong (for instance, at the company’s factory in the Mainland). The employer provides free accommodation and/or meals for the employee during the period of stay. If the employee in a certain period of time during the stay is not in attendance at a place of employment for the purpose of doing work or receiving training in accordance with the contract of employment or with the agreement or at the direction of the employer - such as his sleeping time, personal recreation time - such time is not hours worked for computing minimum wage.