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Under the Employment Ordinance (Cap. 57), statutory holidays increase by one day every two years from 2022, reaching 17 days in 2030. This year is no exception: following last year (2024), there are 14 days of holidays in total, and this year employers can also choose Winter Solstice or Christmas Day as a statutory holiday! As an employer, understanding the difference between statutory holidays and general holidays is essential to arranging work properly and avoiding breaches of the relevant laws. This article will provide you with detailed information!
Labour holidays vs general holidays
For employees, a job with “bank holidays” may be a dream, but for bosses and people just starting a business, being able to take the “red-letter days” off is already satisfying.
But do you really know the difference between “bank holidays” and “red-letter days”? Are labour holidays and statutory holidays the same thing?
Statutory holidays (Statutory Holiday)
We more commonly call statutory holidays “red-letter days” or “labour holidays”.
The key point to note is that, under the Employment Ordinance, all employees are entitled to statutory holidays every year (14 days in 2025), regardless of how long they have worked or whether they are employed under a continuous contract. Even foreign domestic helpers are covered by statutory holidays. Labour holidays have been increasing gradually since 2022 and will eventually reach 17 days in 2030.
Hong Kong's statutory holidays in 2025 continue last year's (2024) addition of the first weekday after Christmas Day (26 December), again giving a total of 14 days. In 2025, employers can choose either the Winter Solstice (21 December) or Christmas Day (25 December) as a statutory holiday.
General holidays (General Holiday)
According to the Public Holidays Ordinance, the number of general holidays each year is 17 days, and they apply to employees of banks, educational institutions, public bodies and government departments, which is why they are commonly called “bank holidays”. The law also specifies that every Sunday is a general holiday.
Going by the number of days, general holidays (bank holidays) currently exceed statutory holidays (labour holidays) by 3 days.
Timetable for increasing Hong Kong statutory holidays to 17 days
According to the Under the Employment (Amendment) Ordinance 2021, statutory holidays will increase gradually from 12 to 17 days between 2022 and 2030, with the new holidays chosen from days not currently covered by general holidays.
Phased implementation plan
| Effective date | Statutory holiday |
| 2022/1/1 | The Buddha's Birthday (implemented) |
| 2024/1/1 | The first weekday after Christmas Day (Boxing Day) (implemented) |
| 2026/1/1 | Easter Monday |
| 2028/1/1 | Good Friday |
| 2030/1/1 | The day following Good Friday |
2025 labour holidays (statutory holidays) at a glance
| Statutory holiday | Date |
| The first day of January | 1 January (Wed) |
| Lunar New Year's Day | 29 January (Wed) |
| Second day of Lunar New Year | 30 January (Thu) |
| Third day of Lunar New Year | 31 January (Fri) |
| Ching Ming Festival | 4 April (Fri) |
| Labour Day | 1 May (Thu) |
| The Buddha's Birthday | 5 May (Mon) |
| Tuen Ng Festival | 31 May (Sat) |
| Hong Kong Special Administrative Region Establishment Day | 1 July (Tue) |
| National Day | 1 October (Wed) |
| The day following the Mid-Autumn Festival | 7 October (Tue) |
| Chung Yeung Festival | 29 October (Wed) |
| Winter Solstice Festival or Christmas Day (employer's choice) | 21 December (Sun) or 25 December (Thu) |
| The first weekday after Christmas Day | 26 December (Fri) |
2025 general holidays (bank holidays) at a glance
| Public holiday | Date |
| The first day of January | 1 January (Wed) |
| Lunar New Year's Day | 29 January (Wed) |
| Second day of Lunar New Year | 30 January (Thu) |
| Third day of Lunar New Year | 31 January (Fri) |
| Ching Ming Festival | 4 April (Fri) |
| Good Friday | 18 April (Fri) |
| The day following Good Friday | 19 April (Sat) |
| Easter Monday | 21 April (Mon) |
| Labour Day | 1 May (Thu) |
| The Buddha's Birthday | 5 May (Mon) |
| Tuen Ng Festival | 31 May (Sat) |
| Hong Kong Special Administrative Region Establishment Day | 1 July (Tue) |
| National Day | 1 October (Wed) |
| The day following the Mid-Autumn Festival | 7 October (Tue) |
| Chung Yeung Festival | 29 October (Wed) |
| Christmas Day | 25 December (Thu) |
| The first weekday after Christmas Day | 26 December (Fri) |
Statutory holiday FAQs (for employers)
Who is entitled to statutory holidays?
All employees are entitled to statutory holidays, regardless of length of service or contract type. An employee who has been employed continuously for 3 months is also entitled to holiday pay (calculated at the average daily wage over the 12 months before the holiday).
What is continuous employment? What are the conditions?
An employee who works for the same employer for 4 weeks or more, and works at least 18 hours a week, is in continuous employment. Even part-time staff are entitled to paid holidays if they meet the conditions.
What if employees are needed to work on a statutory holiday?
In some industries, such as catering, statutory holidays are often the busiest periods. If employees are required to work on a statutory holiday, the employer must arrange a holiday in lieu, known as an “alternative holiday”, which must be taken within 60 days before or after the statutory holiday.
Points to note:
- The employer must give at least 48 hours' notice, which may be in writing, verbally or by posting a notice.
- An “alternative holiday” must not overlap with another statutory holiday or a substitute holiday.
- The employer and employee may agree to arrange the holiday within 30 days before or after.
Can overtime pay replace a holiday in lieu?
No. Under the law, working on a statutory holiday must be compensated with a holiday in lieu and cannot be replaced by money (that is, “buying out” the holiday). Offenders can be fined HK$50,000.
What if a holiday falls on a rest day?
If a statutory holiday happens to fall on an employee's rest day, the holiday in lieu must be given on the day after the rest day. If that next day is also a statutory holiday, a holiday in lieu must be arranged separately.
Statutory holiday FAQs (for employees)
Can an employer refuse to pay wages for rest days?
Whether a rest day is paid must be agreed between employer and employee. However, under the law, an employee must have 1 rest day for every 7 days worked, and an employer may not make working on rest days a condition of a bonus or year-end payment; any such term is invalid.
Can an employer require employees to work continuously without rest?
No. An employee must have at least one day (24 hours) of not working for every 7 days worked. An employer who breaches this can be fined up to HK$50,000. However, with the employee's consent, an employer may arrange a substitute rest day.
Summary
Understanding the rules on statutory holidays and general holidays helps you arrange work and rest sensibly. Employers avoid breaking the law, employees protect their rights, and both sides get what they need, with a healthy balance between work and rest, so everyone is happy!
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