Can I ask my employee to work on a statutory holiday?

Irrespective of an employee’s length of service, they are entitled to 12 statutory holidays:

• 1^st January
• Lunar New Year’s Day
• the second day of Lunar New Year
• The third day of Lunar New Year
• Ching Ming Festival
• 1^st May (Labour Day)
• Tuen Ng Festival
• 1^st July (HKSAR’s Establishment Day)
• The day after the Chinese Mid-Autumn Festival
• Chung Yeung Festival
• 1^st October (National Day)
• Chinese Winter Solstice Festival or Christmas Day (the employer can choose which one)

Working on statutory holiday(s)

If the employer wants their employee to work on statutory holiday(s), the employer should do certain things:

• Alternative holiday arrangement: An alternative holiday should be arranged within 60 days before or after the statutory holiday.
• Prior notice to the employee on the date of the alternative holiday: The notice should be given at least 48 hours before the alternative holiday or the statutory holiday.

An employee can also take a substituted holiday on any day within 30 days before or after the alternative holiday or the statutory holiday upon an agreement between the employer and the employee.

Bibliography:

1. Labour Department, ‘Chapter 4: Rest Days, Holidays and Leave’: https://www.labour.gov.hk/eng/public/wcp/ConciseGuide/04.pdf

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