How many statutory holidays are there in Hong Kong

How Many Statutory Holidays Are There in Hong Kong

Hong Kong has 13 statutory holidays under the Employment Ordinance (Cap. 57). Every employee is entitled to these days off, regardless of their length of service. This entitlement covers all employees under the Ordinance, whether they work under a continuous contract or not.

Statutory holidays are not rest days, which are weekly offs, nor are they paid annual leave, which builds up over time. When a statutory holiday falls on a rest day, the employer must give another day off in lieu. The Labour Department enforces these rules.

Hong Kong Statutory Holidays List

The Employment Ordinance sets out the 13 statutory holidays, a mix of fixed dates and lunar calendar events. They are:

• New Year's Day (1 January)
• Lunar New Year's Day (first day of the lunar year)
• The second day of Lunar New Year
• The third day of Lunar New Year
• Ching Ming Festival
• Labour Day (1 May)
• Tuen Ng Festival
• Hong Kong Special Administrative Region Establishment Day (1 July)
• Mid-Autumn Festival (the day following the festival)
• National Day (1 October)
• Chung Yeung Festival
• The first day of the Chinese Winter Solstice or Christmas Day (employer chooses one)
• The day following the Chinese Winter Solstice or Boxing Day (employer chooses one, corresponding to the choice above)

Because lunar-based holidays move on the Gregorian calendar, the Labour Department publishes the exact dates annually.

Employment Ordinance Statutory Holidays

The Employment Ordinance (Cap. 57) governs these holidays. An employee under a continuous contract for at least three months is entitled to paid statutory holidays. Those with less than three months of continuous service get the day off, but unpaid.

Continuous contract status follows the 4-18 rule: four weeks or more of employment, working at least 18 hours each week. This status unlocks key benefits, including paid statutory holidays, sickness allowance, severance payment, and long service payment.

If an employee works on a statutory holiday, the employer must provide an alternative holiday within 60 days and pay the statutory holiday rate.

General Holidays Hong Kong

The General Holidays Ordinance (Cap. 149) defines general holidays, a wider set than statutory holidays. General holidays include the 13 statutory holidays plus Good Friday, the Saturday before Easter Sunday, Easter Monday, the day after Christmas Day, and the first weekday after New Year's Day if it falls on a Sunday.

Banks, schools, and public offices observe general holidays. All employees under the Employment Ordinance observe statutory holidays. The distinction is crucial: an employer may choose to follow the general holiday calendar, but statutory holiday entitlement is the legal minimum.

Labour Day Holiday HK

Labour Day, 1 May, is one of the 13 statutory holidays. It is a fixed-date holiday. If 1 May falls on a Sunday, the employer must grant an alternative holiday on the following weekday.

For employees on a continuous contract, Labour Day is a paid statutory holiday. The Labour Department issues annual reminders that employees cannot be required to work on Labour Day unless an alternative holiday is arranged as per the Ordinance.

Practical Considerations for Employers

Employers must keep records of statutory holidays granted and any alternative holidays arranged. The Labour Department can inspect these records. Failing to grant a statutory holiday or to pay the correct statutory holiday pay is an offence under the Employment Ordinance.

Statutory holiday pay is the average of the daily wages earned in the 12 months before the holiday. For employees with variable pay, use the statutory formula in the Ordinance.

Calculations for payment in lieu of notice, severance payment, and long service payment all reference statutory holiday entitlement. The continuous contract period and the wages used in those calculations depend on the proper handling of holidays.