Rest days and overtime are among the most frequently asked questions from Hong Kong employers of foreign domestic helpers. This guide explains what the law requires, what is common practice, and how to handle these situations fairly.
Rest Day Entitlement
Under the Employment Ordinance, every employee on a continuous contract is entitled to at least one rest day in every period of seven days. A rest day means a continuous period of not less than 24 hours. For most foreign domestic helpers, the rest day is set as Sunday, though it can be any day agreed in the contract.
Can the Rest Day Be Changed?
Yes, with mutual agreement. The employer may substitute another rest day within the same month (before the original rest day) or within 30 days after the original rest day. Any change should be communicated at least 48 hours in advance. The rest day agreed upon in the employment contract is the default.
Overtime: What the Law Says
The Employment Ordinance does not prescribe a specific overtime rate for any employee, including domestic helpers. Unlike some jurisdictions, Hong Kong has no legal requirement to pay time-and-a-half or double time for extra work. Overtime pay is therefore a matter of agreement between the employer and the helper.
Overtime: Common Practice
While there is no legal overtime rate, it is common practice among Hong Kong employers to compensate overtime work as follows:
- Full day of overtime: one day's wages (monthly salary ÷ 30)
- Half day of overtime: half a day's wages (monthly salary ÷ 60)
These rates are not legally mandated, but they are widely used and considered fair. Whatever arrangement you agree on, it is best to document it clearly.
Working on a Rest Day
If the helper voluntarily agrees to work on their rest day, the employer should compensate them fairly. Common practice is to pay one additional day's wages for working on a rest day. Some employers offer an alternative day off instead. The key point is that the helper must genuinely consent — coercion is illegal.
Annual Leave
In addition to weekly rest days and statutory holidays, helpers are entitled to paid annual leave after completing 12 months of continuous employment. The entitlement is 7 days in year 1, 7 days in year 2, then increases progressively from 8 days in year 3 up to a maximum of 14 days. Annual leave pay is calculated at the helper's average daily wages.
Tips for Employers
- Set a clear, consistent rest day in the employment contract.
- Document any overtime arrangements in writing.
- Never force your helper to work on their rest day.
- Track rest days, overtime, and leave carefully to avoid disputes.
This article is for general reference only and does not constitute legal or professional advice. Please verify all information against your employment contract, the Employment Ordinance (Cap. 57), and seek professional advice where needed.
This article is for general reference only and does not constitute legal or professional advice. Salary calculations may be inaccurate. Please verify all information against your employment contract, the Employment Ordinance (Cap. 57), and professional advice. See our full Disclaimer.