Increase of Statutory Holidays
Starting from 2022, the Birthday of the Buddha will be a newly added statutory holiday under the Employment Ordinance.
A list of statutory holidays for 2022 is at https://www.labour.gov.hk/eng/news/latest_holidays2022.htm. Regarding the Birthday of the Buddha in 2022, an employee should be granted a statutory holiday by his employer on that day i.e. 8 May (Sunday). However, if the employee’s rest day falls on the Sunday, he should be granted a holiday on the next day (i.e. 9 May) which is not an alternative holiday, a substituted holiday or a rest day.
Starting from 2024, statutory holidays will further be increased progressively to 17 days:
|Year||Newly added statutory holiday||Number of statutory holidays|
|From 2024||The first weekday after Christmas Day||14|
|From 2026||Easter Monday||15|
|From 2028||Good Friday||16|
|From 2030||The day following Good Friday||17|
Other relevant provisions in relation to the statutory holidays under the Employment Ordinance remain unchanged:
- All employees under the Employment Ordinance (including domestic helpers) shall be entitled to statutory holidays, irrespective of number of working hours per week and length of service.
- If an employee having been employed under a continuous contract (i.e. employed continuously by the same employer for 4 weeks or more, with at least 18 hours worked in each week) for not less than 3 months immediately preceding a statutory holiday, is entitled to the holiday pay.
- Regardless of whether an employee is entitled to statutory holiday pay, the employer must not make any form of payment to the employee in lieu of granting a holiday, or the so-called “holiday buy-out”.
- If a statutory holiday falls on a rest day, the employee should be granted a holiday on the next day which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day; if an employer requires the employee to work on a statutory holiday, the employer shall arrange for the employee an alternative holiday or the so-called “replacement holiday”. For details, please refer to Chapter 4: Rest Days, Holidays and Leave in “A Concise Guide to the Employment Ordinance”.
- Frequently asked questions (PDF)
- Employment (Amendment) Ordinance 2021
- Relating to the Employment Ordinance