Statutory Holiday Rules for Foreign Domestic Helpers in Hong Kong

Statutory holidays are one of the most common sources of confusion for Hong Kong employers of foreign domestic helpers. When is holiday pay required? What happens if the helper works on a holiday? What about the first 3 months? This guide covers everything you need to know.

The 15 Statutory Holidays

Under the Employment Ordinance, all employees in Hong Kong — including foreign domestic helpers — are entitled to 15 statutory holidays per year. These are:

• New Year's Day (1 January)
• Lunar New Year (3 days)
• Ching Ming Festival
• Easter Monday
• Labour Day (1 May)
• Buddha's Birthday
• Tuen Ng Festival
• HKSAR Establishment Day (1 July)
• Day after Mid-Autumn Festival
• National Day (1 October)
• Chung Yeung Festival
• Winter Solstice or Christmas Day (employer's choice)
• First weekday after Christmas Day

Holiday Pay: The 3-Month Rule

While all helpers can take statutory holidays from day one, holiday pay is a separate entitlement. A helper is only entitled to holiday pay if they have been employed continuously for at least 3 months immediately preceding the holiday. During the first 3 months, the helper must still be given the day off, but the employer is not required to pay for it if the helper does not work.

After 3 months of continuous employment, statutory holidays become fully paid days. If the helper has already been employed for longer than 3 months, all 15 statutory holidays in the year are paid.

Working on a Statutory Holiday

If an employer requires the helper to work on a statutory holiday, the employer must give at least 48 hours' prior notice and arrange an alternative holiday within 60 days before or after the statutory holiday.

If both parties agree, a substituted holiday may be taken within 30 days before or after the statutory or alternative holiday. Payment in lieu of granting a statutory holiday is not permitted.

When a Statutory Holiday Falls on a Rest Day

If a statutory holiday falls on the helper's regular rest day, the helper should be granted a holiday on the next day that is not a statutory holiday, alternative holiday, substituted holiday, or rest day.

Penalties for Non-Compliance

Employers who fail to grant statutory holidays or compensatory leave may face prosecution. Penalties can include fines of up to HKD 50,000.

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.