The 4-18 rule for Hong Kong employment rights

The 4-18 Rule Hong Kong

The 4-18 rule hong kong is the common term for the statutory test that determines whether an employee is employed under a continuous contract under the Employment Ordinance (Cap. 57). An employee who has been continuously employed by the same employer for four weeks or more, and has worked at least 18 hours in each of those weeks, qualifies as being under a continuous contract. This classification is the gateway to most statutory employment protections in Hong Kong.

Continuous Contract 4-18

The continuous contract 4-18 test is applied by the Labour Department to determine an employee's eligibility for key entitlements. Once the four-week, 18-hour threshold is met, the employee gains access to rest days, paid annual leave, sickness allowance, severance payment and long service payment. The employer must count every week in which the employee worked at least 18 hours, even if the total hours varied from week to week.

Employment Rights 4-18 Rule

The employment rights 4-18 rule unlocks statutory protections that do not apply to casual or short-term workers. An employee under a continuous contract is entitled to statutory holidays with pay, annual leave, sickness allowance, and the right to claim severance payment or long service payment upon meeting the relevant conditions. The rule does not affect the minimum wage, which applies regardless of hours worked, but it does determine whether an employee can enforce the full range of protections under Cap. 57.

Why the Threshold Matters

The continuous contract definition is the single most important test in Hong Kong employment law. An employee who does not meet the 4-18 rule has no statutory right to a rest day, no paid annual leave, no sickness allowance, and no entitlement to severance or long service payment. The employer should check each employee's weekly hours from the start of employment to confirm when the continuous contract begins. The Labour Department publishes guidance on calculating the four-week period and the 18-hour weekly minimum.