Hong Kong employment relationships are regulated mostly through the Employment Ordinance (EO). This ordinance sets out the general law on the minimum terms of employment contracts, wages, rest days, statutory holidays, and termination.
Hong Kong law recognizes a category of employment under a “continuous contract.” All employees have basic employment protections. However, most of the key statutory benefits (paid annual leave, paid sick leave, and severance pay) only apply to continuous contract employees.
Under current law, the continuous contract is defined by the “418 rule”: an employee is on a continuous contract if they are employed by the same employer for 4 or more consecutive weeks and work at least 18 hours in each week.
The definition is about to change. The Employment (Amendment) Bill 2025 was passed and will take effect on 18 January 2026, replacing the “418 rule” with a new, more inclusive definition that covers employees who work:
- At least 17 hours per week for 4 consecutive weeks (the “417 rule”), OR
- A total of 68 or more hours over a 4-week period (the “468 rule”)
The change will bring many more part-time and flexible workers under the umbrella of full statutory protection.
1. Employment Contracts
In Hong Kong an employment contract can be oral or in writing. However, the employer must give the employee a notice in writing before the employment commences, stating the conditions of employment.
The contract must state:
- Wages (rate, pay period, and overtime rate, if any)
- Notice period for termination of contract
- Specifics of any end-of-year payment (e.g., 13th month bonus), if any
It is a basic rule of Hong Kong law that a term of an employment contract which seeks to extinguish or reduce any right or benefit that is conferred on the employee under the Employment Ordinance is void.
2. Working Hours and Overtime
Hong Kong law has no statutory standard working hours, statutory maximum daily or weekly hours, or a statutory minimum rest period for most employees.
The employer is not required by law to pay an overtime premium. Overtime pay and working hours are a matter for agreement between the employer and employee in the employment contract.
If the employment contract specifies an overtime rate, the employer is legally bound to pay this rate, and this overtime pay is treated as part of the employee’s wages for the purpose of other calculations. There is no cap on the hours an employee must work, but they must be recorded for the purpose of monitoring compliance with the statutory minimum wage.
3. Minimum Wage
As of 1 May 2025, the current statutory minimum wage in Hong Kong is HKD 42.10 per hour. This was an increase from the previous HKD 40 per hour.
The minimum wage covers most employees irrespective of age, whether they are full-time, part-time, or casual. The Hong Kong government has introduced a new mechanism for annual review of the minimum wage, with the next increase scheduled to take effect from 1 May 2026.
4. Employee Benefits
Employees in Hong Kong get many statutory benefits, and most of these require an employment relationship under a continuous contract.
- Statutory Holidays – Employees get 14 statutory holidays in 2025. The number is gradually increasing to match the 17 “General Holidays”. The law will include Easter Monday in 2026 (total 15), Good Friday in 2028 (total 16), and the day after Good Friday in 2030 (total 17).
- Annual Leave – Employees under a continuous contract enjoy paid annual leave after 12 months’ service. The entitlement begins at 7 days and then gradually increases with an employee’s length of service, up to a maximum of 14 days.
- Sick Leave – If an employee is under a continuous contract, they are entitled to paid sick leave. This is two paid days for each completed month of service in the first year of service and four paid days for each month of service from the second year of service, up to a maximum accumulation of 120 days.
If the sick leave is at least four continuous days and is supported by a valid medical certificate, you are eligible for paid sick leave. The pay rate for statutory sick leave is four-fifths (80%) of your average daily wages.
- Maternity Leave – An eligible female employee (an employee who is employed under a continuous contract for at least 40 weeks) can take maternity leave. She can take 14 weeks’ paid maternity leave. The statutory pay rate is four-fifths (80%) of the average daily wages of the employee. The pay in respect of the additional 4 weeks (weeks 11-14) of maternity leave is capped at HKD 80,000 per employee.
- Paternity Leave – An eligible male employee (must be employed under a continuous contract for at least 40 weeks) can take 5 days of paternity leave at full pay. The statutory pay rate is four-fifths (80%) of the employee’s average daily wages.
5. Payroll Tax or Social Contributions
Hong Kong does not have a payroll tax or a multi-layered social security system. The main mandatory social contribution is the Mandatory Provident Fund (MPF).
Employers are obliged to make a mandatory 5% contribution to their employees’ MPF scheme, and the employee must also contribute a mandatory 5% of their relevant income.
The amount of the mandatory contributions from both employer and employee is subject to a statutory minimum and maximum level of relevant income. Mandatory contributions are made on salaries that fall between HKD 7,100 and HKD 30,000 per month.
The MPF contribution levels, based on the monthly income, are as follows:
| Monthly Relevant Income | Employer Contribution | Employee Contribution |
| Less than HKD 7,100 | 5% | 0% |
| HKD 7,100 to HKD 30,000 | 5% | 5% |
| More than HKD 30,000 | HKD 1,500 (flat) | HKD 1,500 (flat) |