香港特别行政区行政长官林郑月娥于2020年1月14日（周二）宣布，政府计划将香港的法定假日从12天增加到17天。
Statutory Holidays
Currently, an employee, irrespective of his length of service, is entitled to 12 statutory holidays under the Employment Ordinance (Cap. 57), namely:-
- First day of January;
- Lunar New Year’s Day;
- Second day of Lunar New Year;
- Third day of Lunar New Year;
- Ching Ming Festival;
- Labour Day;
- Tuen Ng Festival;
- Hong Kong Special Administrative Region Establishment Day;
- The day following the Chinese Mid-Autumn Festival;
- Chung Yeung Festival;
- National Day; and
- Chinese Winter Solstice Festival or Christmas Day (at the option of the employer).
An employee is entitled to holiday pay for each statutory holiday taken if he or she has been employed under a continuous contract for 3 months or more immediately preceding a statutory holiday. Holiday pay is calculated by reference to the daily average of wages earned during the 12-month period prior to the statutory holiday.
General Holidays
In addition to the statutory holidays, Hong Kong has 5 additional general holidays which must be kept as holidays by all banks, educational establishments, public offices and Government departments (pursuant to the General Holidays Ordinance (Cap. 149) (“GHO”)), namely:-
- Good Friday;
- The day following Good Friday;
- Easter Monday;
- Christmas Day and
- The first weekday after Christmas.
Whilst the GHO does not require an employer to make payment of holiday pay on these general holidays, in practice, many businesses do grant paid leave to their employees on the general holidays.
In Hong Kong, it is typical that many blue-collar employees only enjoy statutory holidays whilst white-collar workers have the benefit of general holidays. The effect of the government’s proposal would be to align statutory holidays with general holidays.
For further information in relation to statutory holidays and other employment law related matters, please do not hesitate to contact Nick Dealy (ndealy@gallhk.com / +852 3405 7688).
联系人:
尼克迪 (Nick Dealy) , 合伙人
+852 3405 7656
ndealy@gallhk.com
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