Employment Law

1. General Employees (Adults)

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• No maximum working hours prescribed by law.
• No statutory overtime pay requirement — overtime arrangements are a matter of contract between employer and employee.
• Employers must comply with minimum wage laws and occupational safety and health requirements.
• Rest days: Continuous contract employees must have at least 1 rest day in every 7 days.

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2. Children (Under 15 years old)

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Governed by the Employment of Children Regulations:

• Children under 13: Prohibited from employment, except with special permission for entertainment/training purposes under strict conditions.
• Children aged 13–14: May work in non-industrial establishments only, with conditions (e.g., must attend full-time schooling if not completed Form III, limits on hours to protect health and welfare).
• Children under 15: Prohibited from working in industrial undertakings.

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3. Young Persons (Aged 15–17) in Industrial Undertakings

Governed by the Employment of Young Persons (Industry) Regulations:

• Maximum working hours per day: 8 hours (between 7 a.m. and 7 p.m. only).
• Maximum working hours per week: 48 hours.
• Maximum continuous work period: 5 hours, followed by at least a 30-minute meal/rest break.
• Prohibitions:
  
  • No overtime beyond prescribed hours.
  • No night work.
  • No work on rest days or statutory holidays.
  • No underground work in mines/quarries or dangerous trades.
  • No carrying loads unreasonably heavy for age/physical development.

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1. Accident Prevention

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To implement proper engineering controls by ensuring all plant and equipment are designed, built, operated, and maintained to a high safety standard.

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To install appropriate guards and barriers to isolate personnel from dangerous machinery or hazardous areas.

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2. Fire Prevention

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To maintain clear and unobstructed access to all exits and escape routes at all times.

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3. Provision of a Safe and Healthy Work Environment

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To uphold workplace hygiene and ensure a safe physical environment through adequate lighting, ventilation, and general cleanliness.

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4. Provision of First Aid

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To supply and maintain sufficient first aid resources, ensuring they are easily accessible in case of an emergency.

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5. Guarantee of Hygiene at the Workplace

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To provide sanitary facilities, including clean washrooms, hand-washing stations, and a supply of potable drinking water.

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6. Guarantee of Safe Manual Handling Operations

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To minimize risks associated with manual handling by providing employees with comprehensive training and clear guidance on safe work practices

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The Minimum Wage Ordinance sets an hourly wage floor for most employees. As of 1 May 2025, the rate is HK$42.1 per hour.

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In Hong Kong, protections against unreasonable or unlawful dismissal are primarily found in the Employment Ordinance (Cap. 57) and related anti-discrimination ordinances.

1. Statutory Protection under the Employment Ordinance

A. Unreasonable Dismissal (Part VIA EO)

• An employee who has been continuously employed for at least 24 months is protected from dismissal without a valid reason.
  
  
  
  • Valid reasons include:
    
    
    
    1. Employee’s conduct.
       
       
    2. Employee’s capability or qualifications for the job.
       
       
    3. Redundancy or other genuine operational requirements.
       
       
    4. Statutory requirement (e.g., loss of work visa).
       
       
    5. Other substantial reasons recognised by law.
       
       
• Dismissals without these reasons may be deemed unreasonable.
  
  

B. Unlawful Dismissal (s.32A EO)

Certain dismissals are prohibited, regardless of length of service:

• During pregnancy or maternity leave.
  
  
• During paid sickness absence.
  
  
• When an employee is giving or about to give evidence in Labour Tribunal proceedings.
  
  
• Due to participation in trade union activities.
  
  
• Due to exercising rights under the EO (e.g., claiming statutory entitlements).
  
  

2. Remedies

• Reinstatement or re-engagement — possible if both employer and employee consent, or ordered by court/tribunal under certain conditions.
  
  
• Terminal payments — wages in lieu of notice, severance/long service payment (if applicable), and compensation for unreasonable dismissal (up to the amount of wages for the notice period).
  
  

Damages — for breach of contract or statutory rights.

1. Termination by notice or payment in lieu of notice

Either the employer or the employee may end the employment contract by providing advance notice or payment in lieu of notice.

“Wrongful termination,” as defined under the Employment Ordinance, occurs when employment is ended without the required notice or without payment in lieu, in breach of sections 6 or 7 of the Ordinance.

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2. Summary dismissal

An employer has the right to dismiss an employee immediately and without notice if the employee commits a serious act that constitutes a fundamental breach of the employment contract, such as gross misconduct or deliberate disobedience.

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3. Unreasonable termination or change of employment terms

If an employee has been continuously employed for at least 24 months and is dismissed without a legitimate reason, the termination is considered unreasonable. The same principle applies if the employer unreasonably alters key employment terms or conditions.

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4. Constructive termination

An employee may resign voluntarily and treat the contract as terminated if the employer commits a serious breach of the employment contract, effectively forcing the employee to leave.

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Under Hong Kong’s Employment Ordinance (Cap. 57), a continuous contract is a legal concept that determines eligibility for certain additional statutory benefits (e.g., rest days, paid annual leave, sickness allowance, maternity/paternity leave, severance and long service payments).

Definition (Section 3 EO)

An employee is considered to be employed under a continuous contract if:

• They have been employed continuously by the same employer for four weeks or more; and
  
  
• They have worked at least 18 hours in each week during those four or more consecutive weeks。

Key Points

• Applies regardless of whether the employee is full–time, part–time, permanent, temporary or casual.
  
  
• The employer bears the burden of proof if claiming the contract is not continuous.
  
  
• Breaks in service may reset the calculation unless covered by statutory exceptions (e.g., certain approved leave).
  
  

Continuous contract status triggers entitlement to rest days, holiday pay, paid annual leave, sickness allowance, maternity/paternity leave, and severance/long service payments.

Under Hong Kong’s Employment Ordinance (Cap. 57) and related labour legislation, employees are entitled to certain statutory rights. These entitlements apply to all employees under a contract of employment, though some benefits require a continuous contract (at least 4 consecutive weeks, 18 hours or more per week).

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1. Basic Protection (All Employees)

These apply regardless of length of service:

• Payment of wages in accordance with the EO.
• Restrictions on wage deductions.
• Statutory holidays (currently 13 days per year, increasing to 17 days by 2030).
• Protection against anti-union discrimination.
• Protection against unreasonable/unlawful dismissal.

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2. Additional Benefits (Continuous Contract Employees)

For employees meeting the continuous contract requirement:

• Rest days — at least 1 day in every 7 days.
• Paid statutory holidays.
• Paid annual leave — from 7 to 14 days depending on years of service.
• Sickness allowance — payable if sick leave is supported by medical certificate and meets EO conditions.
• Maternity leave and pay — 14 weeks’ leave with pay if eligibility criteria met.
• Paternity leave and pay — 5 days’ leave with pay if eligibility criteria met.
• Severance payment — for redundancy after ≥24 months’ service.
• Long service payment — for termination after ≥5 years’ service (if not due to misconduct).

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3. Other Statutory Rights

• Minimum Wage — under the Minimum Wage Ordinance (Cap. 608), currently HK$42.1/hour from 1 May 2025.
• Occupational safety and health protection — under the Occupational Safety and Health Ordinance (Cap. 509) and Factories and Industrial Undertakings Ordinance (Cap. 59).
• Employees’ compensation for work injuries — under the Employees’ Compensation Ordinance (Cap. 282).
• Equal opportunities — protection from discrimination on grounds of sex, disability, family status, and race.

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4. Non-Reducible Rights

Any contract term that reduces or extinguishes statutory entitlements is void under s.70 EO.

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1. General Coverage

• Applies to all employees engaged under a contract of employment (contract of service), whether full-time, part-time, permanent, temporary or casual.
• Covers employees regardless of length of service, though certain benefits require a continuous contract (at least 4 consecutive weeks, 18 hours or more per week).

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2. Statutory Exclusions (Section 4(2) & (2A) EO)

The Ordinance does not apply to:

• Employees covered by the Contracts for Employment Outside Hong Kong Ordinance (Cap. 78).
• Seafarers covered by the Merchant Shipping (Seafarers) Ordinance (Cap. 478).
• Family members living with the employer.
• Civil servants (terms governed separately).
• Certain categories specified in regulations.

1. Common Express Terms

2. Common Implied Terms

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Even if not written, the law implies certain duties:

• Employer’s duties: Provide a safe workplace, pay agreed wages, respect mutual trust and confidence.
• Employee’s duties: Obey lawful and reasonable orders, act in good faith, avoid conflicts of interest.

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3. Legal Restrictions

Any term reducing statutory rights under the Employment Ordinance is void (s.70 EO).

Certain benefits (e.g., statutory holidays, rest days, maternity protection) apply regardless of contract wording.

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Both written and verbal employment contracts are valid in Hong Kong, but written contracts are preferred for clarity and proof. Contracts may be for fixed-term or continuous employment.

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Hong Kong recognises several types of valid employment contracts:

As long as the employer and employee do not violate the Employment Ordinance or other relevant laws, they are free to negotiate and agree on the terms of employment.