Statutory minimum wage does not apply to the following student employees
student interns; and
work experience students during a period of exempt student employment.
Points to note:
Unless otherwise specified, the Minimum Wage Ordinance applies to every employee, his or her employer and the contract of employment under which he or she is engaged. However, the Minimum Wage Ordinance does not apply to interns/students with no employment relationship with the host organization or company.
Statutory minimum wage applies if a work experience student has not agreed with his or her employer to treat a certain period as a period of exempt student employment.
A student intern is:
a student undergoing a period of work arranged or endorsed by a local education institution specified in Schedule 1 to the Minimum Wage Ordinance, and the work is a compulsory or elective component of the requirements of a full-time accredited program being provided by the institution to the student; or
a student resident in Hong Kong and undergoing a period of work arranged or endorsed by an institution, and the work is a compulsory or elective component of the requirements of a full-time education program for a non-local academic qualification at degree or higher level being provided by the institution to the student.
A work experience student is:
a student who is enrolled in a full-time accredited program provided by a local education institution specified in Schedule 1 to Minimum Wage Ordinance; or
a student who is resident in Hong Kong and enrolled in a full-time education programme for a non-local academic qualification at degree or higher level
and is under the age of 26 years at the beginning of employment.
The work experience student may agree with the employer to have a continuous period of up to 59 days as exempt student employment if:
(a) the student has not commenced another exempt student employment period within the same calendar year (whether under the employment of the same employer or not); and
(b) the student has made a statutory declaration verifying the fact in (a) above and provided the declaration (or copy) to the employer.
Student Interns | Work Experience Students | |
Kinds of | • student employees enrolled in full-time accredited programs being provided by local education institutions specified in Schedule 1 to the Minimum Wage Ordinance or • student employees who are resident in Hong Kong and enrolled in full-time education programmes for non-local academic qualification at degree or higher level | |
Nature of | • arranged or endorsed by the education institutions providing the programs; and • form a compulsory or elective component of the programs | • not necessarily be arranged or endorsed by the education institutions providing the programs; and • not necessarily be curriculum-related |
Age | • no restriction | • under the age of 26 years at the beginning of employment |
Duration of | • no restriction | • the student employee and his/her employer may agree to treat a continuous period of up to 59 days as exempt student employment; and • at most one period of exempt student employment may commence in the same calendar year (whether under the employment of the same employer or not), and the student employee has to make a statutory declaration verifying this fact and provide the declaration (or copy) to the employer |
Neither the Employment Ordinance nor the Minimum Wage Ordinance specifies the form of the document to be issued by the education institution for confirming the "student intern" or "work experience student" status. Only suggested specimens are prepared by the Labour Department.
Students need to check with Schools/Departments if they will support their "student intern" status. Please refer to the suggested specimen prepared by the Labour Department.
For "work experience students", students are required to provide
1. a proof to the employers of their student status at HKBU; and
2. a declaration that they have not commenced another exempt student employment period within the same calendar year.
1. Proof of student status at HKBU:
A full-time HKBU student can fill in the Confirmation of student status for "work experience student" under the Minimum Wage Ordinance and get the endorsement from the Academic Registry.
2. How to make a Statutory Declaration:
Students can obtain free service available at the District Offices of the Home Affairs Department for making the statutory declaration. Please refer to website at Home Affairs Department for details: http://www.had.gov.hk/en/public_services/public_enquiry_services/provided.htm
Specimen content of statutory declaration made by a work experience student for a period of exempt student employment can be found in Statutory Minimum Wage: Notes for Student Employees and Employers