Welcome to Hong Kong!

Fixed-term contracts are permitted in Hong Kong and there are no limits on duration. However, after one month of at least 18 hours of work per week, the contract will be deemed a one-month contract that renews month to month unless otherwise agreed to in the employment contract. Fixed term contracts naturally expire at the end of the term. They can also be ended early by following the termination requirements outlined below (notice or payment in lieu).

Probationary periods are permitted and generally last 3 to 6 months, however there is no statutory limit on duration. During the first month of probation, either party may terminate the agreement without notice or pay in lieu. During the remainder of the probationary period, seven days’ notice or pay in lieu is required. Workers receive benefits during their probationary period.

Workers in Hong Kong recognize 12 statutory holidays, which are paid so long as the Worker has been employed for at least three months and worked at least 18 hours per week. Workers can be required to work on statutory holidays with 48 hours’ prior notice. However, there must be an arrangement for an alternative paid day off within 60 days of the statutory holiday. Pay in lieu of a holiday is expressly prohibited.

After one year of continuous employment, Workers are entitled to seven days of paid vacation annually. Statutory vacation must roll over year to year.  Accrued but unused vacation must be paid at the time of termination. 

Sick leave is accrued at a rate of two days per month during the first year of employment and four days per month thereafter for a maximum of 120 days. After four consecutive days of absence due to injury or illness, Workers are entitled to 80% of wages.

A normal workweek is usually 40-50 hours per week Monday through Friday and generally receive a one hour break during the day. Workers must receive one day off per week.

There is no limit on how much overtime a worker may work. Overtime is paid at the same rate as regular hours unless otherwise specified in the employment contract.

Except in cases of gross misconduct, Workers are entitled to notice of termination or pay in lieu. The parties may contract to a reasonable notice period that is not less than seven days. If not contracted to, Workers who work at least 18 hours per week over the preceding four weeks are entitled to one month’s notice or pay in lieu. In cases of redundancy (termination that is not because of the Worker), severance may be due. If the Worker has been employed for at least five years, additional compensation may be due. Although it is not required to give Workers a rationale for termination, if a Worker has been employed for more than two years and a labor claim is filed, the justification for termination must be provided. If the employment contract includes an end-of-year bonus, a pro-rata amount of that bonus must be paid at termination so long as the Worker has worked at least three months of the eligibility year. 

Workers may resign either orally or in writing by following the same notice periods outlined above. Workers may elect to use their accrued vacation time during a notice period.