Do employers have to pay staff for statutory holidays in Hong Kong

Is Pay Required for Statutory Holidays in Hong Kong

Yes. Pay is required. An employer must pay for statutory holidays to any employee entitled to them. That entitlement arises under the Employment Ordinance (Cap. 57) when the employee is employed under a continuous contract. A continuous contract means the employee has worked for the same employer for four or more consecutive weeks with at least 18 hours worked in each week - the so-called 4-18 rule.

An employee covered by a continuous contract must be granted each of the 13 statutory holidays and must be paid for them. The employer cannot simply give the day off without wages. If the employee does not have a continuous contract, there is no statutory right to paid statutory holidays, though the employer may choose to provide them.

Hong Kong Statutory Holiday Pay Law

The governing law is the Employment Ordinance (Cap. 57). Section 39 requires an employer to grant a paid holiday on each statutory holiday to every employee employed under a continuous contract immediately before the holiday. The Labour Department publishes the annual list of statutory holidays, which for 2026 includes, for example, the first day of January, Lunar New Year's Day, Ching Ming Festival, Labour Day, and Christmas Day.

If a statutory holiday falls on a rest day, the employer must grant the employee a holiday on the next working day after the rest day and pay the employee for that day. If the holiday falls on a non-working day (a day that is neither a rest day nor a public holiday), the employer must grant the holiday instead on the next working day.

Are Statutory Holidays Paid in Hong Kong

Yes. Statutory holidays are paid in Hong Kong for employees who meet the continuous contract condition. The payment is equivalent to the employee's daily average wages. The daily rate is calculated by taking the average wages earned over the 12-month period ending on the last day of the immediately preceding statutory holiday, divided by the number of days worked in that period. If the employee has been employed for less than 12 months, the calculation period is the entire period of employment.

Holiday pay must be paid on or before the usual pay day after the holiday. The employer cannot make any deduction from the holiday pay.

Employment Ordinance Holiday Pay

The Employment Ordinance holiday pay provisions also cover when an employer requires an employee to work on a statutory holiday. If the employer asks the employee to work on the holiday, the employee must first consent. Where the employee agrees, they are entitled to receive:

• Their normal wages for working the holiday
• An additional day's wages at the holiday pay rate
• An alternative holiday (another day off) to be granted within a specified period

In practice, many employers and employees agree to a standard arrangement where the employee works on the statutory holiday and receives double wages plus the alternative day off. The employer should record this agreement in writing.

Holiday Pay Entitlement HK

Holiday pay entitlement in Hong Kong attaches to the 13 statutory holidays only. The Employment Ordinance does not require an employer to grant paid leave on any day that is not a statutory holiday, such as the general holidays listed in the Holidays Ordinance (Cap. 149) that are not also statutory holidays. The employer may choose to offer paid public holidays by contract, but that is a contractual obligation, not a statutory one.

Where an employee is absent on the whole of a statutory holiday immediately before the holiday, the employer is not required to pay holiday pay for that day unless the absence is due to a statutory entitlement such as paid sick leave or annual leave. If the employee takes unpaid leave, the holiday pay does not apply.

The Labour Department investigates complaints of non-payment and can take enforcement action. An employer who fails to pay statutory holiday pay may be ordered to pay compensation and could face a fine or prosecution.