Frequently Asked Questions about
The Employment Ordinance, Cap. 57
Statutory Holidays
Q1. What are the statutory holidays? Answer
Q2. Are the statutory holidays with pay or without pay? Answer
Q3. Can an employer require an employee to work on statutory holidays? Answer
Q4. Can an employer make payment to an employee in lieu of a statutory holiday? Answer
Q5. If a statutory holiday falls on an employee's rest day, is it obligatory for the employer to grant the employee another holiday?Answer
 
Content
 
Q1. What are the statutory holidays?
A1. An employee is entitled to the following 12 statutory holidays - 
  1. the first day of January; 
  2. Lunar New Year's Day; 
  3. the second day of Lunar New Year; 
  4. the third day of Lunar New Year; 
  5. Ching Ming Festival; 
  6. the first day of May; 
  7. Tuen Ng Festival; 
  8. the day following the Chinese Mid-Autumn Festival; 
  9. Chung Yeung Festival; 
  10. Chinese Winter Solstice Festival or Christmas Day (at the option of the employer); 
  11. the first day of July; and 
  12. the first day of October. 
Q2. Are the statutory holidays with pay or without pay?
A2.

An employee having been employed under a continuous contract for not less than 3 months is entitled to pay on statutory holidays.

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Q3. Can an employer require an employee to work on statutory holidays?
A3.

Yes. An employer is required to give his employee at least 48 hours' prior notice for work on a statutory holiday. The employer must then arrange an alternative 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 alternative holiday may be taken by the employee as a substitute holiday. In this situation, an employer is advised to keep clear records of the alternative or substitute holiday taken by an employee.

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Q4. Can an employer make payment to an employee in lieu of a statutory holiday?
A4. No. An employer must not make any form of payment to an employee in lieu of a statutory holiday.

The employer who contravenes this provision is liable to prosecution and, upon conviction, to a fine of HK$50,000.

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Q5. If a statutory holiday falls on an employee's rest day, is it obligatory for the employer to grant the employee another holiday?  
A5.

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.

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