What's News

Increase of Statutory Holidays

Starting from 2024, the first weekday after Christmas Day will be a newly added statutory holiday under the Employment Ordinance. Other relevant provisions in relation to the statutory holidays under the Employment Ordinance remain unchanged, including the arrangement of holiday, eligibility for holiday pay and pay rate, and restriction on pay in lieu of holiday.

LD launches the Good Employer Charter 2024

The Labour Department (LD) launches the Good Employer Charter 2024 featuring the theme of “Supportive Family-friendly Good Employer” to continuously encourage employers of different trades and scale (including small and medium enterprises) to adopt employee-oriented and progressive good human resource management practices. Employers should also formulate family-friendly employment policies by assessing different family responsibilities borne by their employees and help them fulfil their work and family needs simultaneously to create a family-friendly harmonious workplace.

Good Employer Charter 2024 is now open for enrolment. The deadline for submission is 31 March 2024. Please click here for details.

Kit for Diversified Mode of Work – Merits and Reminders

The Kit for Diversified Mode of Work – Merits and Reminders (comprising leaflets on “Clarify Your Employment Status”, “Labour Rights under Different Employment Patterns” and “Flexible Work Arrangements Win-win for Employers and Employees”) has been uploaded to the Labour Department website. Please click here for details.

Sickness Allowance and Employment Protection under Anti-Epidemic Measures

Abolition of Offsetting Arrangement (to be implemented in 2025)

The Legislative Council passed the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill 2022 on 9 June 2022 to abolish the use of the accrued benefits of employers' mandatory contributions under the Mandatory Provident Fund (MPF) System to offset severance payment (SP) and long service payment (LSP) (the offsetting arrangement). The Government will implement the abolition of the offsetting arrangement in tandem with the full implementation of the eMPF Platform of the Mandatory Provident Fund Schemes Authority, which is expected to be in 2025.

Maximum amounts of ex gratia payment items from Protection of Wages on Insolvency Fund increased

With the passage of a resolution of the Legislative Council under the Protection of Wages on Insolvency Ordinance on 16 June 2022, the maximum amounts of a number of ex gratia payment items under the Protection of Wages on Insolvency Fund were increased. The adjusted maximum amounts came into effect on 17 June 2022 upon gazettal of the resolution and apply in respect of wages, wages in lieu of notice, severance payment, pay for untaken annual leave and pay for untaken statutory holidays the liability of payment for which arose on or after this date.

Minimum Allowable Wage and food allowance for foreign domestic helpers

The Government announced on 30 September 2021 that the Minimum Allowable Wage for foreign domestic helpers in Hong Kong would remain at $4,630 per month. The food allowance will be increased from not less than $1,121 to not less than $1,173 per month.

Jurisdictional Limit of the Minor Employment Claims Adjudication Board increases

With effect from 17 September 2021, the jurisdiction of the Minor Employment Claims Adjudication Board (MECAB) is increased from a claim amount not exceeding $8,000 per claimant to not exceeding $15,000 per claimant, while maintaining the maximum number of claimants per claim at 10. Any employment claims above the jurisdictional limit of MECAB will be adjudicated by the Labour Tribunal.

Extension of Statutory Maternity Leave from 10 Weeks to 14 Weeks

The Employment (Amendment) Ordinance 2020 (Amendment Ordinance) seeks to increase the maternity leave (ML) under the Employment Ordinance (EO) (Cap. 57) by four weeks. The Amendment Ordinance also covers two technical amendments which include updating the definition of "miscarriage" under EO; and accepting a certificate of attendance issued by medical professionals as documentary proof for entitling an eligible employee to sickness allowance for any day on which the employee has attended a medical examination in relation to her pregnancy.

Code of Practice in Times of Typhoons and Rainstorms

The Labour Department has published “Code of Practice in Times of Typhoons and Rainstorms” (COP) which aims at alerting employers to consult employees as soon as possible on the work and resumption of work arrangements in times of adverse weather conditions before typhoon season. The COP also provides reference guidelines to employers and employees on the work and resumption of work arrangements in the event of the Government issuing the post-super typhoon “extreme condition” announcement.

Statutory Minimum Wage

The Statutory Minimum Wage rate is raised to $37.5 per hour with effect from 1 May 2019...

5 days’ Statutory Paternity Leave takes effect on 18 January 2019

According to the Employment (Amendment) (No. 3) Ordinance 2018, male employees with child born on or after 18 January 2019 are entitled to 5 days’ paternity leave for each confinement of their spouse/partner if they fulfil other requirements as stipulated in law.

Reinstatement or Re-engagement Order for Unreasonable and Unlawful Dismissal

Where an employee has been unreasonably and unlawfully dismissed on or after 19 October 2018 and the employee makes a claim for reinstatement or re-engagement, the Labour Tribunal may make an order for reinstatement or re-engagement without the need to secure the employer’s agreement.

Foreign Domestic Helpers Portal (www.fdh.labour.gov.hk)

To facilitate Foreign Domestic Helpers (FDHs), their employers as well as the public to access to information such as the policy and labour legislation relating to the employment of FDHs, Labour Department has launched a dedicated website...

Minimum Wage Reference Calculator

Facilitating employers and employees in computing minimum wage...

What’s New