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Following is the question by the Hon Leung Yiu-chung and a written reply by the Secretary for Economic Development and Labour, Mr Stephen Ip, in the Legislative Council today (March 22):
Question:
The Court of Final Appeal ruled on the 28th of last month that contractual commission calculated on a monthly basis should not be included in the calculation of an employee's holiday pay and annual leave pay. In this connection, will the Government inform this Council:
(a) of the number of claims in which the Labour Tribunal has ruled, since the delivery of the above judgement, that commission of the above nature should not be included in the calculation of holiday pay or annual leave pay; and
(b) whether it plans to amend the Employment Ordinance (Cap. 57) to specifically provide for the inclusion of commission of the above nature in the calculation of holiday pay and annual leave pay; if so, of the legislative timetable and contents; if not, the reasons for that?
Reply:
Madam President,
(a) The Labour Tribunal does not keep statistics on such claims.
(b) According to the Government's legislative intent, commission is a part of wages and should be included in the calculation of holiday pay and annual leave pay. We are now seeking the advice of the Department of Justice on how the Employment Ordinance should be amended to reflect our original legislative intent. We will formulate proposals to amend the Employment Ordinance and consult the Labour Advisory Board as early as possible.
Ends/Wednesday, March 22, 2006
Issued at HKT 11:37
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