Statutory vs. Public Holidays in Hong Kong: A Complete Guide
Hong Kong operates with two distinct types of holidays: statutory holidays and general public holidays. Understanding the difference is crucial for both employers and employees to ensure compliance with labor laws and proper workplace expectations.
Key Differences Overview
Statutory Holidays:
Legal basis: Mandated by the Employment Ordinance (Cap. 57)
Number of holidays: 14 days (2025)
Who is covered: Most employees under the Employment Ordinance
Paid leave requirement: Required for eligible employees (minimum 3 months service)
Holiday substitution: Cannot be substituted unless agreed upon by employee
General Public Holidays:
Legal basis: Set by the government but not required for all businesses
Number of holidays: 17 days total (includes the 14 statutory + 3 additional)
Who is covered: Government offices, banks, and many private sector businesses
Paid leave requirement: Depends on company policy
Holiday substitution: Often shifted if falls on weekend (for Monday-Friday jobs)
Statutory Holidays: The Legal Minimum
Statutory holidays represent the absolute minimum that employers must provide to their employees under Hong Kong law. These are mandated by the Employment Ordinance and must be given to most employees who are under the Employment Ordinance.
Who Gets Statutory Holidays?
Employees who have worked continuously for at least 3 months
Workers covered under the Employment Ordinance
Both full-time and part-time employees
Local and foreign employees under Hong Kong contracts
Remote workers employed under Hong Kong contracts
Industries Typically Providing Only Statutory Holidays
Industries that generally provide only statutory holidays include retail and food service, security and cleaning services, logistics and transportation, construction and manufacturing, and domestic helpers.
General Public Holidays: The Extended Set
General public holidays include all 14 statutory holidays plus 3 additional holidays, totaling 17 days. These are commonly observed in white-collar industries and government sectors.
Industries Typically Observing All Public Holidays
Industries that typically observe all 17 public holidays include banking and finance, government and public sector, legal and professional services, multinational corporations, and schools and educational institutions.
2025 Statutory Holidays in Hong Kong
The 14 statutory holidays in Hong Kong for 2025 are:
January 1: New Year's Day
January 29: Lunar New Year's Day
January 30: Second Day of Lunar New Year
January 31: Third Day of Lunar New Year
April 4: Ching Ming Festival
May 1: Labour Day
May 5: Buddha's Birthday
May 31: Tuen Ng Festival (Dragon Boat Festival)
July 1: Hong Kong SAR Establishment Day
October 1: National Day
October 7: Day following Chinese Mid-Autumn Festival
October 29: Chung Yeung Festival
December 21: Chinese Winter Solstice
December 25: Christmas Day
Note: The 15th statutory holiday is "The first weekday after Christmas Day" (December 26, 2025)
Holiday Pay Requirements
Eligibility for Paid Holidays
Employees are entitled to paid statutory holidays if they have worked continuously for the same employer for at least three months before the holiday.
Pay Calculation
Statutory holiday pay is calculated based on the employee's average daily wages over the past 12 months, excluding unpaid leave, sick leave, maternity or paternity leave, and any other unpaid absences.
If the employee has worked for less than 12 months, the calculation is based on their actual period of employment.
Working on Statutory Holidays
Employers can require employees to work on statutory holidays, but they must provide:
A Replacement Holiday: A substituted day off within 60 days before or after the original holiday
Advance Notice: At least 48 hours' notice of the substitution
Employee Agreement: The employee must agree to the substitution
Important: Simply offering additional pay instead of granting a replacement holiday is not permitted under Hong Kong labor laws.
Special Considerations
Remote Workers
Remote employees under Hong Kong employment contracts are entitled to the same statutory holiday benefits as office-based staff, regardless of their physical work location.
Weekend Holidays
When a statutory holiday falls on a Sunday, the following weekday typically becomes a designated holiday, though specific rules may vary depending on the holiday and employment terms.
Part-time Employees
Part-time workers receive the same statutory holiday entitlements as full-time employees, provided they meet the 3-month continuous employment requirement.
Compliance and Legal Requirements
Employers must ensure they provide at least the minimum statutory holidays to avoid legal complications. Failing to provide the correct entitlements can lead to legal risks and payroll complications.
The distinction between statutory and general public holidays directly impacts workforce planning, payroll calculations, and employee expectations. Understanding these differences helps ensure compliance with Hong Kong's Employment Ordinance while setting clear workplace policies.
For the most current information and specific legal advice, employers should consult the Hong Kong Labour Department or qualified legal professionals, as holiday regulations can be subject to updates and specific industry considerations.
