Can I ask my employee to work on a statutory holiday?
employeestatutory holidaystatutory holiday hong kongwork on holidaywork on holiday hong kong

Irrespective of an employee’s length of service, they are entitled to 12 statutory holidays:

  • 1st January
  • Lunar New Year’s Day
  • the second day of Lunar New Year
  • The third day of Lunar New Year
  • Ching Ming Festival
  • 1st May (Labour Day)
  • Tuen Ng Festival
  • 1st July (HKSAR’s Establishment Day)
  • The day after the Chinese Mid-Autumn Festival
  • Chung Yeung Festival
  • 1st October (National Day)
  • Chinese Winter Solstice Festival or Christmas Day (the employer can choose which one)

Working on statutory holiday(s)

If the employer wants their employee to work on statutory holiday(s), the employer should do certain things:

  • Alternative holiday arrangement: An alternative holiday should be arranged within 60 days before or after the statutory holiday.
  • Prior notice to the employee on the date of the alternative holiday: The notice should be given at least 48 hours before the alternative holiday or the statutory holiday.

An employee can also take a substituted holiday on any day within 30 days before or after the alternative holiday or the statutory holiday upon an agreement between the employer and the employee.

Bibliography:

  1. Labour Department, ‘Chapter 4: Rest Days, Holidays and Leave’: https://www.labour.gov.hk/eng/public/wcp/ConciseGuide/04.pdf
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Important: The information available at this website is based on the laws of HKSAR and for preliminary reference only. It should NOT be considered as legal advice. For more information, please refer to our .