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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:

YearNewly added statutory holidayNumber of statutory holidays
From 2024The first weekday after Christmas Day14
From 2026Easter Monday15
From 2028Good Friday16
From 2030The day following Good Friday17

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”.

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