Statutory holiday entitlement in Hong Kong

Statutory Holiday Hong Kong

A statutory holiday is a paid day off an employer must grant to an employee under a continuous contract as defined by the Employment Ordinance (Cap. 57). The Labour Department publishes the annual list of designated holidays. This entitlement stands apart from any additional leave an employer may provide in the employment contract.

Hong Kong Public Holiday Entitlement

The right to a paid statutory holiday applies only to employees employed continuously by the same employer for four weeks or more, working at least 18 hours each week. This is the 4-18 rule under the Employment Ordinance. An employee who meets this condition is entitled to the statutory holiday even without a full year of service.

Statutory Holidays List

The statutory holidays list comprises 12 designated days each calendar year. These are the first day of January, Lunar New Year's Day and the following two days, Ching Ming Festival, Labour Day, Tuen Ng Festival, Hong Kong Special Administrative Region Establishment Day, the day following the Mid-Autumn Festival, National Day, Chung Yeung Festival, and Christmas Day. The Labour Department publishes the exact dates annually.

Employment Ordinance Statutory Holiday

The Employment Ordinance (Cap. 57) establishes the statutory holiday regime. Section 39 and related schedules set out the employer's obligation to grant the holiday and pay the employee at the normal daily wage rate. If a statutory holiday falls on a rest day or another statutory holiday, the employer must grant an alternative day off.

Paid Statutory Holiday Hong Kong

A paid statutory holiday means the employee receives their normal daily wage for that day. The employer must calculate holiday pay from the wages earned in the 12-month period preceding the holiday. If the employee works on the statutory holiday, the employer must grant an alternative day off within 60 days and pay at least double the normal daily wage for the work done on the holiday itself.

Distinction From General Holiday

A general holiday is a day designated by the Government as a public holiday, such as Easter Monday or the day after Christmas. General holidays are not statutory holidays under the Employment Ordinance. An employer is not required to grant a general holiday as a paid day off unless the employment contract specifically provides for it. The statutory rights of an employee under a continuous contract apply only to the 12 statutory holidays, not to general holidays. Employers often grant both, but the legal obligation covers only the statutory list.