Hong Kong Statutory Holidays vs General Holidays: Key Differences for Employers

Understanding Hong Kong Statutory Holidays vs General Holidays

Hong Kong operates two distinct categories of public holidays: statutory holidays and general holidays. The difference between hong kong statutory holidays vs general holidays is fundamental for employers because the two categories carry different legal obligations under the Employment Ordinance (Cap. 57). Statutory holidays are mandatory paid holidays for employees under a continuous contract. General holidays are bank and public holidays that are not automatically compulsory for all employers to grant.

Hong Kong Statutory Holiday List

The statutory holidays are the 12 days that an employer must grant as paid holidays to any employee who has been employed under a continuous contract. These are set out in the Employment Ordinance (Cap. 57) and are enforced by the Labour Department. The 12 statutory holidays are:

1. 1 January (New Year's Day)
2. Lunar New Year's Day
3. The second day of Lunar New Year
4. The third day of Lunar New Year
5. Ching Ming Festival
6. Labour Day (1 May)
7. Tuen Ng Festival
8. Hong Kong Special Administrative Region Establishment Day (1 July)
9. Mid-Autumn Festival (the day following the festival)
10. National Day (1 October)
11. Chung Yeung Festival
12. Christmas Day (25 December)

If a statutory holiday falls on a rest day, the employer must grant an alternative holiday on the next working day. The Labour Department publishes the exact dates each year, as some holidays follow the lunar calendar.

Hong Kong General Holiday Difference

The general holidays are the 17 days listed in the General Holidays Ordinance (Cap. 149). These include the 12 statutory holidays plus five additional days: Good Friday, the day after Good Friday, Easter Monday, the day after Christmas Day (26 December), and the first weekday after Christmas Day if 26 December falls on a Sunday. The hong kong general holiday difference is that general holidays are the days on which banks, schools, and government offices close, but the Employment Ordinance does not require private-sector employers to grant them as paid holidays.

Employers may choose to give general holidays as paid leave. The legal obligation extends only to the 12 statutory holidays. Many employment contracts reference general holidays as paid days off. That is a contractual term, not a statutory requirement. If an employer does not grant a general holiday, the employee has no claim under the Employment Ordinance unless the contract specifically promises it.

Hong Kong Public Holiday Employer Obligations

The hong kong public holiday employer obligations depend on whether the holiday is a statutory holiday or a general holiday. For statutory holidays, the employer must:

• Grant the day off to every employee under a continuous contract
• Pay the employee the normal daily wage for that day (holiday pay)
• Grant an alternative holiday if the statutory holiday falls on a rest day or another statutory holiday
• Grant an alternative holiday if the employee is on annual leave or sickness allowance on the statutory holiday

For general holidays, there is no statutory obligation to grant the day off or pay holiday pay. If the employment contract states that general holidays are paid days off, the employer must honour that contractual term. The Labour Department recommends that employers clearly state in the employment contract which holidays are paid.

Alternative Holiday Rules

When a statutory holiday falls on a rest day, the employer must grant an alternative holiday. The alternative holiday must be within 60 days of the original statutory holiday, and the employer must notify the employee of the date at least 48 hours beforehand. If the statutory holiday falls on another statutory holiday, the employer must also grant an alternative holiday. The same rule applies if the employee is on annual leave or sickness allowance on the statutory holiday: the employer must grant an alternative holiday.

The alternative holiday is treated as a statutory holiday for all purposes, including holiday pay. If the employer fails to grant an alternative holiday, the employee may claim the holiday pay as if the day were worked, plus an additional sum equal to that amount.

Holiday Pay Calculation

Holiday pay for a statutory holiday is calculated as the daily average wage earned by the employee in the 12 months preceding the holiday. The Employment Ordinance (Cap. 57) sets out the formula: the total wages earned in the 12-month period, divided by the number of days worked in that period. Wages include basic salary, commissions, and allowances, but exclude overtime pay and end-of-year payments.

If the employee has been employed for less than 12 months, the calculation uses the period of employment. Holiday pay must be paid on or before the next pay day after the holiday. The Labour Department provides a holiday pay calculator on its website.

Continuous Contract Requirement

The obligation to grant statutory holidays with pay applies only to employees under a continuous contract. An employee is under a continuous contract if they have been employed continuously by the same employer for four weeks or more, working at least 18 hours in each week. This is the 4-18 rule. Employees who do not meet this threshold are not entitled to paid statutory holidays, though the employer must still grant the day off if the employee requests it.

The continuous contract requirement also unlocks other entitlements: rest days, annual leave, sickness allowance, severance payment, and long service payment. Verify whether each employee meets the 4-18 rule to determine their statutory holiday entitlement.

Labour Department Guidance

The Labour Department publishes a comprehensive guide on statutory holidays, including the annual list of dates and the rules for alternative holidays and holiday pay. Consult the Labour Department website (labour.gov.hk) for the current year's holiday schedule and for the official holiday pay calculator. The Labour Department also handles complaints and enforcement actions against employers who fail to grant statutory holidays or pay holiday pay.

Employers who breach the statutory holiday requirements may be prosecuted and fined. The maximum penalty is HK$50,000 for each offence. Keep accurate records of holiday grants and payments to demonstrate compliance.

Practical Compliance Steps

To comply with the statutory holiday obligations, employers should:

• Identify which employees are under a continuous contract
• Mark the 12 statutory holidays on the company calendar
• Grant the day off with holiday pay to eligible employees
• Arrange alternative holidays where required
• Notify employees of alternative holiday dates in writing
• Keep records of holiday grants and payments for at least 12 months

For general holidays, check the employment contract to confirm whether these days are contractual paid holidays. If they are, treat them the same as statutory holidays. If they are not, the employer may require employees to work on general holidays, subject to the rest day rules under the Employment Ordinance.

Interaction with Other Entitlements

Statutory holidays interact with other entitlements under the Employment Ordinance. If a statutory holiday falls during a period of annual leave, the employer must grant an additional day of annual leave in lieu. If a statutory holiday falls during a period of sickness allowance, the employer must grant an alternative holiday. If a statutory holiday falls on a rest day, the employer must grant an alternative holiday.

These rules ensure that employees do not lose their statutory holiday entitlement because of other leave. Coordinate leave policies to avoid double-counting or missing entitlements. The Labour Department provides detailed guidance on the interaction between statutory holidays and other leave types.