Statutory Employment Entitlements Reference Calculator

The Statutory Employment Entitlements Reference Calculator programme is a simple tool to assist employers and employees to initially compute the statutory employment entitlements under the Employment Ordinance for reference. After entering all required information and pressing the "Compute" button, the programme will work out the statutory employment entitlements and the amount payable to the employee under the Employment Ordinance.

NOTE

This calculator programme operates based on the relevant provisions of statutory entitlements under the Employment Ordinance, data entered by users and certain assumption of circumstances. The computation results generated by the calculator programme are for initial reference only. Accurate calculation of statutory employment entitlements would require consideration of the terms and conditions under the employment contract and the actual situation of a specific case. Since these factors would vary from case to case, they may not be fully reflected in the computation performed by this calculator programme. The Labour Department accepts no liability for any loss arising from or related to the use of the information. The information generated by this calculator programme should neither be used in any legal proceeding nor be regarded as evidence in pursuing any claim.

For details about the calculation of statutory employment entitlements under the Employment Ordinance, please refer to the Concise Guide to the Employment Ordinance or call the 24-hour Enquiry Hotline 2717 1771 (handled by "1823"). You can also make enquiry in person at branch offices of the Labour Relations Division of the Labour Department. Please click here for the address of each branch office.

I have read, understood and agreed to the above contents.

Basic information

Employed under a continuous contract? (Note)

Yes

Still in employment?

Yes

Commencement date of employment: (Note)

Statutory Holiday Pay Calculator ——— Concise Guide

Statutory holidays are commonly known as labour holidays

An employee, irrespective of his length of service, is entitled to the following statutory holidays:

The first day of January
Lunar New Year’s Day
The third day of Lunar New Year
The fourth day of Lunar New Year
Ching Ming Festival
Labour Day (the first day of May)
The Birthday of the Buddha
Tuen Ng Festival
Hong Kong Special Administrative Region Establishment Day (the first day of July)
The day following the Chinese Mid-Autumn Festival
National Day (the first day of October)
Chung Yeung Festival
Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)
The first weekday after Christmas Day（Newly added from 2024）*

* Effective from 1 January 2024

Statutory Holiday Pay

An employee having been employed under a "continuous contract" for not less than three months immediately preceding a statutory holiday is entitled to statutory holiday pay. Statutory holiday pay should be paid to the employee not later than the day on which he/she is next paid his/her wages after the statutory holiday.

The daily rate of statutory holiday pay is a sum equivalent to the average daily wages earned by an employee in the 12-month period preceding the following specified dates. If an employee is employed for less than 12 months, the calculation shall be based on the shorter period:

Day(s) of Statutory Holiday(s)	Specified Dates
1 day	Day of the statutory holiday
More than 1 consecutive day	First day of the statutory holidays

For further information on statutory holiday pay under the Employment Ordinance, please click here to view the "A Concise Guide to the Employment Ordinance".

Calculation of Statutory Holiday Pay

Attention

This calculator only includes statutory holidays from to .

First day of the employment period:

Number of entitled statutory holiday under the Employment Ordinance within the employment period: day(s)

Please click to calculate the statutory holiday balance ^#.

Number of statutory holiday taken within the employment period: 0 day(s)

Breakdown table of untaken statutory holiday(s):

Date	Statutory Holiday*
Total	day(s)

^# An employer may, instead of granting an employee a holiday on a statutory holiday, grant the employee an alternative holiday on another day (For details, please click here). Please verify your leave records and attendance records to assure the statutory holiday balance.

* For calculating the statutory holiday pay, please note the following remarks:

(i)

The daily rate of statutory holiday pay is a sum equivalent to the average daily wages earned by an employee in the 12-month period preceding “the day of the statutory holiday”. If there are more than 1 consecutive day of statutory holidays, the average daily wages earned by an employee in the 12-month period preceding “the first day of the statutory holidays” should be adopted in calculating statutory holiday pay. If an employee is employed for less than 12 months, the calculation shall be based on the shorter period.

(ii)

If you have the employee’s detailed wages calculations and attendance records in the 12-month period preceding the individual specified date(s) (i.e. “Day of the statutory holiday” or / and “First day of the statutory holidays”), you may wish to click here to calculate the 12-month average daily wages preceding the specified date(s).

Annual Leave Pay Calculator ——— Concise Guide

An employee is entitled to annual leave with pay after having been employed under a continuous contract for every 12 months. An employee’s entitlement to paid annual leave increases progressively from seven days to a maximum of 14 days according to his length of service:

Years of Service	Annual Leave Entitlements
1	7
2	7
3	8
4	9
5	10
6	11
7	12
8	13
9 or above	14

If the contractual annual leave entitlement of an employee exceeds the statutory requirement, the excess part should be dealt with as per the arrangements under the employment contract and mutual agreement between the employer and the employee.

Annual Leave Pay

The daily rate of annual leave pay is a sum equivalent to the average daily wages earned by an employee in the 12-month period preceding the following specified dates. If an employee is employed for less than 12 months, the calculation shall be based on the shorter period.

Day(s) of Annual Leave	Specified Dates
1 day	Day of the annual leave
More than 1 consecutive day	First day of the annual leave

Payment of Annual Leave Pay on Termination of Employment Contract

Calculation of Annual Leave Entitlements on Termination of Employment Contract:

Period of employment			Annual Leave Entitlements
Less than 12 months	Less than 3 months		Nil
	3 to 12 months	summary dismissal	Nil
		resignation	Annual leave entitled in the current leave year X period of employment (days) / 365
		dismissed other than summary dismissal
12 or more than 12 months	less than 3 months in the current leave year		annual leave not yet taken*
	3 to 12 months in the current leave year	summary dismissal	annual leave not yet taken*
		resignation	annual leave not yet taken* + annual leave entitled in the current leave year X period of employment in the current leave year (days) / 365
		dismissed other than summary dismissal

*This refers to any untaken annual leave accrued in the previous leave year.

For further information on annual leave pay under the Employment Ordinance, please click here to view the "A Concise Guide to the Employment Ordinance".

Calculation of Annual leave pay for employees who are still in employment

Attention

This calculator is only applicable for the calculation of annual leave pay entitled under the Employment Ordinance.

First day of the employment period:

Any Common Leave Year arrangement by the employer? (Note)

Yes

If yes, please input the commencement date of the Common Leave Year:

Month

Day

Accumulated annual leave entitlements under the Employment Ordinance as at the preceding leave year: day(s)

(Not include any accumulated annual leaves within the current incomplete leave year.)

Calculation of Annual Leave Pay for specified period(s):

Period of annual leave taken*	Daily Wage Rate**	Sub-total
to
to

Total:

* Any rest day / statutory holiday falling within the period of paid annual leave would be counted as annual leave. The employer must appoint another rest day or another day as the employee’s alternative holiday

** If you have the employee’s detailed wages calculations and attendance records in the 12-month period preceding the specified date(s), you may wish to click here to calculate the 12-month average daily wages.

Calculation of Annual Leave Pay on Termination of Employment Contract

Attention

This calculator is only applicable for the calculation of annual leave pay entitled under the Employment Ordinance.

First day of the employment period:

Last day of the employment period:

Any Common Leave Year arrangement by the employer? (Note)

Yes

If yes, please input the commencement date of the Common Leave Year:

Month

Day

Number of accumulated annual leave under the Employment Ordinance within the employment period (Rounded to two decimal places): day(s)

Number of leave taken within the employment period:

Period of Employment	Annual leave Balance	Daily Wage Rate*	Total
	0.00

* If you have the employee’s detailed wages calculations and attendance records in the 12-month period preceding the specified date(s), you may wish to click here to calculate the 12-month average daily wages.

Severance Payment/ Long Service Payment Calculator ——— Concise Guide

An employee is eligible for severance payment or long service payment subject to the following conditions:

Entitlement	Severance Payment	Long Service Payment
Qualifying period of employment	Not less than 24 months under a continuous contract	Not less than 5 years under a continuous contract
Conditions/ Requirements	The employee is dismissed by reason of redundancy* The employee is dismissed by reason of redundancy*	The employee is dismissed but : he is not summarily dismissed due to his serious misconduct; his dismissal is not by reason of redundancy The employee is dismissed but : he is not summarily dismissed due to his serious misconduct his dismissal is not by reason of redundancy
Employment contract of a fixed term expires without being renewed by reason of redundancy* Employment contract of a fixed term expires without being renewed by reason of redundancy*	Employment contract of a fixed term expires without being renewed* Employment contract of a fixed term expires without being renewed*
The employee is laid off The employee is laid off	The employee dies The employee dies
The employee resigns on ground of ill health The employee resigns on ground of ill health
The employee aged 65 or above resigns The employee aged 65 or above resigns

Entitlement

Severance Payment

Long Service Payment

Qualifying period of employment

Not less than 24 months under a continuous contract

Not less than 5 years under a continuous contract

Conditions/ Requirements

The employee is dismissed by reason of redundancy*

The employee is dismissed by reason of redundancy*

The employee is dismissed but :
- he is not summarily dismissed due to his serious misconduct;
- his dismissal is not by reason of redundancy

The employee is dismissed but :
- he is not summarily dismissed due to his serious misconduct
- his dismissal is not by reason of redundancy

Employment contract of a fixed term expires without being renewed by reason of redundancy*

Employment contract of a fixed term expires without being renewed by reason of redundancy*

Employment contract of a fixed term expires without being renewed*

Employment contract of a fixed term expires without being renewed*

The employee is laid off

The employee is laid off

The employee dies

The employee dies

The employee resigns on ground of ill health

The employee resigns on ground of ill health

The employee aged 65 or above resigns

The employee aged 65 or above resigns

* If not less than 7 days before the date of dismissal/ expiry of the fixed term contract in case of severance payment, and not less than 7 days before the expiry of the fixed term contract in case of long service payment, the employer has offered in writing to renew the contract of employment or re-engage him under a new contract but the employee has unreasonably refused the offer, the employee is not eligible for the entitlements.

NOTE : An employee will not be simultaneously entitled to both long service payment and severance payment.

For further information on severance payment / long service payment under the Employment Ordinance, please click here to view the "A Concise Guide to the Employment Ordinance".

Calculation of Severance Payment/ Long Service Payment

Attention

^# In general, Relevant Date in relation to the termination of employment of an employee, means:

where the employee's contract of employment is terminated by notice, the date on which that notice expires;
where the employee's contract of employment is terminated by payment in lieu of notice, the date up to which such wages are calculated;
where the employee is employed under a contract for a fixed term and that term expires, the date on which that term expires;
where the employee dies, the date of his death.

Severance Payment Long Service Payment

First day of the employment period:

Relevant Date in relation to termination of employment^# :

Monthly rated? Yes No

Last month wages／average wages in the 12 months immediately preceding the relevant date^#:

Since you are not a monthly rated employee, you may elect to use the sum of any 18 days' wages out of your last 30 normal working days or average wages in the 12 months immediately preceding the relevant date^# as the basis of the calculation:

Sum of any 18 days' wages out of your last 30 normal working days

	Wage
1
2
3
4
5
6
7
8
9

	Wage
10
11
12
13
14
15
16
17
18

Sum of 18 days' wages

Average wages in the 12 months immediately preceding the relevant date^#

Month	Wage












Average monthly wages:

The approximate amount of Severance Payment / Long Service payment:

Calculation remarks

* According to the Employment Ordinance, in calculation of Severance Payment/Long Service Payment, this amount shall not exceed $22,500.
* According to the Employment Ordinance, in calculation of Severance Payment/Long Service Payment, this amount shall not exceed two-thirds of $22,500, i.e. $15,000.
According to the Employment Ordinance, if the relevant date of termination of employment occurs on or after 1 October 2003, the maximum amount of severance payment or long service payment is $390,000.
According to the Employment Ordinance, only employees who have been employed under a continuous contract for a period of not less than 24 months ending with the relevant date of termination of employment is entitled to Severance Payment.
According to the Employment Ordinance, only employees who have been employed under a continuous contract for a period of not less than 5 years ending with the relevant date of termination of employment is entitled to Long Service Payment.
For all manual employees and non-manual employees whose average monthly wages did not exceed $15,000 for the 12 months preceding 8 June 1990, if the relevant date of termination of employment occurs on or after 1 October 2004, the years of service should be reckoned in full.
For non-manual employees whose average monthly wages exceeded $15,000 for the 12 months preceding 8 June 1990, their years of service can be reckoned up to 1980.

12-Month Average Wages Calculator ——— Concise Guide

Upon commencement of the Employment (Amendment) Ordinance 2007 (“E(A)O 2007”), regardless of whether an employee is monthly, daily or piece rated, his relevant statutory entitlements shall be calculated on the basis of his 12-month average wages; and in computing his average wages, any periods and wages that fall under the "disregarding provisions" shall be excluded.

The relevant statutory entitlements shall be calculated on the basis of the average daily (or monthly) wages earned by an employee in the 12-month (Note 1) period preceding the specified dates as stipulated by the E(A)O 2007. If an employee is employed for less than 12 months, the calculation shall be based on the shorter period (Note 2).

The specified dates of the relevant statutory entitlements are:

Statutory Entitlements	Day(s) of Leave	Specified Dates
Holiday Pay	1 day	Day of the statutory holiday
More than 1 consecutive day	First day of the statutory holidays
Annual Leave Pay	1 day	Day of the annual leave
More than 1 consecutive day	First day of the annual leave
Day(s) of untaken leave upon termination of contract	Date of termination of contract

Statutory Entitlements

Day(s) of Leave

Specified Dates

Holiday Pay

1 day

Day of the statutory holiday

More than 1 consecutive day

First day of the statutory holidays

Annual Leave Pay

1 day

Day of the annual leave

More than 1 consecutive day

First day of the annual leave

Day(s) of untaken leave upon termination of contract

Date of termination of contract

Note 1: "Month" refers to "calendar month".

Note 2: Suppose an employee commenced employment on 5 July 2007, his period of employment will be less than 12 calendar months before 4 April 2008 (i.e. Ching Ming Festival). His holiday pay for 4 April 2008 shall therefore be calculated on the basis of his average daily wages earned in the period 5 July 2007 and 31 March 2008.

How to determine the specified date and the 12-month period for calculating holiday pay – in the case of "the Day Following the Chinese Mid-Autumn Festival"

The specified date is the day of the statutory holiday, i.e. 26 September 2007
The 12-month average wages is calculated on the basis of the wages earned in the period 1 September 2006 and 31 August 2007.

For details about "Calculation of Relevant Statutory Entitlements on the Basis of the 12-Month Average Wages", please click here.

Calculate 12-Month Average Wages

Month/ Year

Wages received for the month* (Note)

No. of Days without pay (if applicable)**

No. of days not paid in full and the amount received (Note)

Total:

12-Month Average Monthly Wages:

12-Month Average Daily Wages:

* Please enter the wage amount prior to any deductions for employee's contribution in relation to Mandatory Provident Fund.

** According to the Employment Ordinance, an employee employed under a continuous contract is entitled to not less than one rest day in every period of seven days. Whether a rest day is paid or not is to be agreed by employers and employees. If an employer offers terms better than those required by the Employment Ordinance requires, for example, allowing an employee to take day-off each week on top of the statutory rest day, as the day-off is not a statutory entitlement under the Employment Ordinance, but stems from the employment contract, the arrangement of the day-off should base on the contractual agreement between the employer and employee.

Month/ Year

Daily Wages* (Note)

No. of days paid in full for the month

Total wages received for the month*

Total:

12-Month Average Monthly Wages:

12-Month Average Daily Wages:

* Please enter the amount prior to any deductions for employee’s contribution in relation to Mandatory Provident Fund.

Preliminary calculation of claims under the Employment Ordinance and the Employment Contract

I wish to claim the following:	Amount
Wages : (from to )
Other allowance(s) : (from to )
Commission : (from to )
Overtime pay : (from to )
Underpayment of wages : (from to )
Deduction of wages : (from to )
Deducted wages for MPF contributions : (from to )
Others (please specify) :
Payment in lieu of notice (Note) : Day Month
Statutory holiday pay : (from to : days) (Please list out the holidays)	or
Annual leave pay : (from to : days)	or
Rest day pay (Note) : (from to : days) (Normal rest day on: )
Severance payment Long service payment : (Length of service: years months)	or
End of year payment (Note) : Lunar year Calendar year (Payment period is: Others )
Sickness allowance (Note) : (from to )
Maternity leave pay (Note) : (from to )
Paternity leave pay (Note) : (Please list out the date(s) of paternity leave taken) ( )
Others : Air ticket (for foreign domestic helper only)
Monthly food allowance (for foreign domestic helper only)
Travelling allowance (for foreign domestic helper only)
Reimbursement

Compensation under s.32P (for unreasonable and unlawful dismissal only):
Total amount:

Statutory Employment Entitlements Reference Calculator Reset

Statutory Employment Entitlements Reference Calculator