
1. What are Statutory Holidays?
In Hong Kong, the Employment Ordinance ensures that all employees, regardless of their length of service, have the right to enjoy a variety of statutory holidays. The list of statutory holidays has remained at 12 days since 2017. However, with the inclusion of the Birthday of the Buddha in 2022, the Government has unveiled plans to progressively expand the total number of statutory holidays to 17 by 2030. This will be accomplished by introducing an additional holiday every two years.
- The first day of January
- Lunar New Year’s Day
- The second day of Lunar New Year
- The third day of Lunar New Year
- Ching Ming Festival
- Labour Day, being the first day of May
- The Birthday of the Buddha
- Tuen Ng Festival
- Hong Kong Special Administrative Region Establishment Day, being the first day of July
- The day following the Chinese Mid-Autumn Festival
- Chung Yeung Festival
- National Day, being the first day of October
- Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)
- Starting from 2024: the first weekday after Christmas Day
- Starting from 2026: the Easter Monday
- Starting from 2028: the Good Friday
- Starting from 2030: the day following Good Friday
C. Holiday Pay
An employee who has been continuously employed for a minimum of three months before a statutory holiday can receive holiday pay. The employer should ensure that employees have received holiday pay no later than the day of their next wage payment following the statutory holiday.
D. Work on Statutory Holidays
According to the regulations, an employer must provide their employee with a minimum of 48 hours’ advance notice if they are required to work on a statutory holiday. The employer should arrange an alternative holiday within 60 days, either before or after the statutory holiday. If both the employer and employee reach an agreement, the employee may choose to take any day within 30 days of the statutory or alternative holiday as a substitute holiday.
E. Offenses and Penalties
An employer who, without a valid reason, neglects to provide statutory holidays, alternative holidays, or substituted holidays to an employee, or fails to pay holiday pay, can face prosecution. Upon conviction, the employer may be subject to a fine of $50,000.
2. How Fastlane HR can help
With extensive experience in delivering comprehensive outsourced HR services, Fastlane HR is well-equipped to stay abreast of the ever-changing statutory employment requirements in Hong Kong. By relying on us, you can count on regular updates regarding any modifications to employment laws and regulations, ensuring that every aspect of your human resources management complies with the current regulations and ordinances. Furthermore, FastLane HR can provide valuable guidance on effectively navigating and fulfilling your employer responsibilities.
Contract us if you need for help!