According to the Labour Department website, an employee, irrespective of his length of service, is entitled to the following statutory holidays:
- 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
- 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)
Are employees entitled to pay on statutory holidays?
An employee having been employed under a continuous contract for not less than 3 months is entitled to pay on statutory holidays.
Can an employer require an employee to work on statutory holidays?
Yes. However, the employer must give the employee at least 48 hours’ notice. Then, the employer must then arrange a replacement holiday within 60 days before or after the statutory holiday. If the employer and employee agree, any day within 30 days of the statutory or replacement holiday may be taken by the employee as a substitute holiday. In this situation, we advise that employers keep records of such replacement holidays.
Can an employer make payment to an employee in lieu of a statutory holiday?
No. Employers who do not follow this rule is liable to prosecution and, upon conviction, to a fine of HK$50,000.
If a statutory holiday falls on an employee's rest day, must the employer grant the employee another holiday?
Yes. If the statutory holiday falls on a rest day, a holiday should be granted on the day following the rest day which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day.