Has your employer made unauthorised deductions from your wage? Under Hong Kong law, an employer is prohibited from deducting wages except in limited circumstances. These are listed out below. Furthermore, the total amount of all deductions in any wage period generally cannot exceed one half of the wages for that period. Speak to us to see if you have any recourse against your employer for unauthorised deductions from your salary.
- deductions for absence from work. The sum to be deducted should be proportionate to the period of time the employee is absent from work;
- deductions for damage to or loss of the employer’s goods, equipment, or property by the employee’s neglect or default. In any one case, the sum to be deducted shall be equivalent to the value of the damage or loss but not exceeding $300. The total of such deductions shall not exceed one quarter of the wages payable to the employee in that wage period;
- deductions for the recovery of any advanced or over-paid wages to the employee. The total sum to be deducted shall not exceed one quarter of the wages payable to the employee in that wage period;
- deductions of the value of food and accommodation the employer supplies to the employee;
- deductions, at the written request of the employee, in respect of contributions to be paid by the employee through the employer for any medical scheme, superannuation scheme, retirement scheme or thrift scheme;
- deductions, with the employee’s written consent, for the recovery of any loan made by the employer to the employee;
- deductions in respect of paternity leave pay paid to the employee before the required document is provided if the employee fails to provide the employer with the required document within 3 months after the first day of paternity leave taken, or if the employee has ceased to be employed, fails to provide the required document before the cessation;
- deductions which are required or authorized under any enactment to be made from the wages of the employee;
- deductions for outstanding maintenance payment owed by the employee pursuant to the Attachment of Income Order issued by the court.