香港最低工资指引3月28日公布。

尽管新规则预示着就业法方面的业务将大大增加，但一些律师也担心它会对经济的产生重大的影响。 自1990年以来，香港的劳动立法已经有了一个巨大的变化，它正朝劳工保护方向发展。

香港孖士打律所的Duncan Abate认为：与香港比起来，中国大陆有着非常不同的法律系统，他们比香港更重视劳工权利。香港现在的法律正慢慢地朝向中国大陆的方向发展。

香港律所预测，为顺应新颁发的法规，未来会有不少公司将重新调整公司政策。届时，相应的法律需求也将增加。目前，许多香港律所也在通过各种措施来加强就业法方面的实力。

香港法定最低工资将于２０１１年５月１日开始实施，首个法定最低工资水平是每小时２８元。

Hong Kong has released the final guidelines on its first statutory minimum wage on Monday – a controversial move first announced in October 2010 amid anger from labour groups as overheads set to soar. The future bodes well for employment law practice groups; but some lawyers worry the impact on the economy will be significant.

“There has been a huge shift in Hong Kong labour legislative trends [since the 1990s] that leans towards employee protection,” Hong Kong-based Mayer Brown JSM partner Duncan Abate said. “China operates on a very different system to Hong Kong – they are far more protective of employee rights than Hong Kong is. Hong Kong is moving towards China – rather than the reverse.”

According to Abate, the progress wrought brings with it new challenges for the economy.  “One of Hong Kong’s main competitive element is its ease of operations for business in Hong Kong. With the increased regulation surrounding the workplace, this materially impacts the attractiveness of Hong Kong as a place to set up regional headquarters.”

Congruent with these changes, many law firms have beefed up its employment law capabilities to cope with the expected rise in demand from companies realigning their compliance to the new law. “The statutory minimum wage will hit the SMEs the hardest – but the larger catering industries as well as retail will also be affected. The real problem lies with the low paid industries or those with uncertain and unpredictable wage levels (for example those with a high proportion of commission in their remuneration),” Abate said.

The statutory minimum wage will come into force on May 1 and the initial rate is 28 HK dollars per hour. “The big issue at the moment is the impact of wages paid for hours not worked,” Abate said. "Such wages cannot be counted for the purposes of the Minimum Wage legislation and this can have a substantial impact on employers - possibly increasing the effective minimum wage up to $40 per hour".

Further employment legislation amendments in discussion in Hong Kong include standardization of working hours – a change that also stands to have a huge impact on businesses if passed.ALB