Can Employer extend base working hours without increase in salary?



ORIGINAL POST
Posted by jrdwilkinson 10 yrs ago
Hi all,

I work for an engineering consultancy in HK.
We often second office-based staff to construction sites to assist with the construction management.
I have been asked to go on such a secondment, and part of the deal is that my 'base' working hours should increase from 40hrs/week to 45hrs/week (Monday-Friday). I am considered 'middle management' and part of that deal is that I accept that I don't get paid overtime Monday-Friday. I am now being asked to accept that this rule also applies to the proposed increase in base hours for this site secondment.

Does anyone know what the Employment Ordinance says about this? Is it legal to increase the base hours without any increase in remuneration?

Thanks all!



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COMMENTS
Greene King 10 yrs ago
JRDWILKINSON,

I am not a lawyer or expert on employment ordinances/contracts but here is my take on this.

You can argue that you have a contract (which may or not entitle you to only work 40 hours a week or entitle you to OT pay) and you sound upset about the extra hours however to work 40 hours a week is rather low for the industry, and 45 hours is not IMHO excessive. And paid overtime is not something I would expect to pay if I was the employer or receive as the employee.
I would discuss in a non combative manner the situation with the relevant company person to see if you could time off in lieu or similar. Ultimately if you want to get on within your company I'd just take the secondment without making a big fuss as you know it won't be forever and you may in fact be switched to another project. Kicking up a stink may well impact your career with the company whatever your contract may say. If you really feel upset you may need to consider moving on however bear in mind the grass is always greener on the other side..

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jrdwilkinson 10 yrs ago
Thanks Greene King for the feedback.

In fact I agree with most of your points. More than 40 hours is quite normal practice, and not at issue.
The question really is whether the law has anything to say about the varying of base contracted hours.

Thanks

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