《最低工資條例》(第 608 章)「工作經驗學員」學生身份確認書
Confirmation of student status for “w
ork experience student”
under the Minimum Wage Ordinance (Cap. 608)
須知事項
Note
1 「工作經驗學員」學生身份確認書(下稱「確認書」)適用於以工作經驗學員身份與其僱主在僱傭合約
期內,協議一段為期最長連續 59 天獲豁免學生僱用期的學生。根據《最低工資條例》(第608章),「工
作經驗學員」是指:
(a) 修讀經評審課程
1
的學生;或
(b) 居於香港,並修讀非本地教育課程
2
的學生,
而該學生正根據某僱傭合約受聘,且在該合約開始時,仍未滿 26 歲。
The Confirmation of student status for “work experience student” (“Confirmation”) applies to a work
experience student who agrees with his employer to treat a continuous period of up to 59 days during the
contract of employment as a period of exempt student employment. Under the Minimum Wage Ordinance
(Cap. 608), “work experience student” means a student who:
(a) is enrolled in an accredited programme
1
; or
(b) is resident in Hong Kong and enrolled in a non-local education programme
2
,
and who is engaged under a contract of employment at the beginning of which he is under the age of 26 years.
2 法
定最低工資不適用於正處於獲豁免學生僱用期的工作經驗學員,僱主根據《僱傭條例》(第57章)須
備存教育機構發出的文件或其副本,以顯示該工作經驗學員於有關獲豁免學生僱用期開始時,正修讀該
教育機構提供的課程(該課程屬《最低工資條例》第2條中「工作經驗學員」的定義所涵蓋的類別)。本
確認書樣本供教育機構參考,以確認學生僱員正修讀該教育機構提供,並屬《最低工資條例》中「工作
經驗學員」的定義所涵蓋的課程類別。如僱主對學生僱員是否正修讀有關課程有任何疑問,應向有關的
教育機構查詢,以免違反豁免安排的規定。同時,學生僱員如在獲豁免學生僱用期內修畢或終止修讀有
關課程,亦應盡快通知僱主。
Statutory Minimum Wage does not apply to a work experience student during a period of exempt student
employment. Under the Employment Ordinance (Cap. 57), the employer shall keep a document (or copy of a
document) issued by an education institution showing that the work experience student is at the
commencement of the employment enrolled in a programme being provided by the education institution that is
of a kind covered by the definition of “work experience student” in section 2 of the Minimum Wage Ordinance.
This Specimen Confirmation is for education institutions’ reference in confirming that the student employee is
enrolled in a programme being provided by the education institution that is of a kind covered by the definition
of “work experience student” in the Minimum Wage Ordinance. The employer should approach the
education institution concerned for enquiries if there is doubt as to whether the student employee is enrolled in
a programme that complies with the exemption conditions. At the same time, the student employee should
inform the employer as soon as possible when he is no longer enrolled in the programme during the period of
exempt student employment.
3 香
港特別行政區政府勞工處的執法人員會前往不同的工作地點視察,以確保僱主遵行由勞工處負責執行
的法例。如有需要,僱用工作經驗學員的僱主須根據《僱傭條例》的要求,出示僱員的資料及紀錄,包
括確認書(如適用),以供查閱。若有關的獲豁免學生僱用涉嫌違反相關法例的要求,確認書所載的資
料會被勞工處用作執法之用,勞工處亦可能將有關資料轉交其他政府部門及機關,作進一步調查。有關
政府部門及機關或會就確認書內的工作經驗學員資料,向相關教育機構查詢。
Public officers of the Labour Department (LD) of the Government of the Hong Kong Special Administrative
Region conduct inspection visits to places of employment to ensure employers’ compliance with ordinances
administered by the LD. Employers taking on work experience students are required under the Employment
Ordinance to provide employees’ information and records, including the Confirmation (if applicable), for
inspection by public officers of the LD when necessary. Should there be any suspected contravention of any
relevant ordinances in connection with the concerned exempt student employment, the information provided in
the Confirmation may be used by the LD for law enforcement purpose. The LD may also transfer the
information to relevant government departments and authorities for further investigation. Government
departments and authorities may contact the education institution concerned to enquire about the information
on the work experience student as provided in the Confirmation.
1
見確認書附註 1。 See footnote 1 in the Confirmation.
2
見確認書附註 2。 See footnote 2 in the Confirmation.