SMW applies to all employees, whether they are monthly-rated, weekly-rated, daily-rated, hourly-rated, piece-rated, permanent, casual, full-time, part-time or other employees, and regardless of whether or not they are employed under a continuous contract (Note 1) as defined in the Employment Ordinance, with the following exceptions:
• persons to whom the Employment Ordinance does not apply(Note 2)
• live-in domestic workers (Note 3)
• student interns as well as work experience students during a period of exempt student employment
Note 1: According to the Employment Ordinance, an employee who has been employed continuously by the same employer for four weeks or more, with at least 18 hours worked in each week is regarded as being employed under a continuous contract.
Note 2:The Employment Ordinance does not apply to : (a) a family member who lives in the same dwelling as the employer; (b) an employee as defined in the Contracts for Employment Outside Hong Kong Ordinance; (c) a person serving under a crew agreement under the Merchant Shipping (Seafarers) Ordinance, or on board a ship which is not registered in Hong Kong; (d) an apprentice whose contract of apprenticeship has been registered under the Apprenticeship Ordinance. As for (d), while certain provisions of the Employment Ordinance apply to registered apprentices, SMW is not applicable.
Note 3:This refers to domestic workers (including domestic helpers, carers, chauffeurs, gardeners, boat-boys or other personal helpers) who dwell free of charge in their employing household, irrespective of their sex or race.