“Remote Work” as a new working model is becoming increasingly common. Many employees are being asked to work using communication tools outside of working hours, which is essentially “invisible overtime,” but they are not compensated for it. The Legislative Council member of the Federation of Trade Unions recently questioned relevant issues, and the Director of Labour and Welfare Bureau, Sun Yuk Han, replied in writing yesterday that overtime work should only be conducted in unavoidable circumstances and should be minimized, and compensated with time-off.
Sun Yuk Han stated in response to questions that, without violating the Employment Ordinance and the Minimum Wage Ordinance, employers and employees can negotiate appropriate employment terms and conditions, including working hours and compensation arrangements for overtime work. Employers and employees may have different needs or agreements when working online outside of regular working hours.
The Labour Department, through various means such as the Human Resources Managers Association and industry-specific tripartite committees, encourages employers to adopt good personnel management measures. This includes advising employers to establish employment contract terms on a fair and reasonable basis and reminding employers to consult employees fully and agree on working hours, compensation for overtime work, when arranging for employees to use communication tools such as the internet or phone to work remotely.
Regarding civil servants who have also reported frequently being required to work “invisible overtime” online outside of working hours without any compensation, Sun Yuk Han stated that according to current policies, overtime work should only be conducted in unavoidable circumstances and should be minimized. Overtime work should typically be compensated with time-off. If within a month after overtime work, the time-off cannot be taken or is unlikely to be taken, eligible civil servants may receive an overtime work allowance. Each policy bureau and department will make appropriate arrangements and compensation for civil servants’ overtime work in accordance with current policies. ◇