When Hong Kong people discuss holidays, they often mention some terms, such as "Bank leave" and "Labor leave". But in fact there are no these words, just a simplified description of the holiday by the citizens.
Sunlight Employment Agency has simplified relevant information so that employers can understand the actual difference between public holidays and statutory holidays, and the legal rights for Filipino maids and Indonesian maids.
Public Holidays ("Bank Leave")
Definition: According to the standards of the Legislative Council, a general holiday is a day that all banks, educational institutions, offices of public institutions and government departments are required to observe as holidays. Although public holidays are holidays of the above-mentioned establishments, in practice, these establishments also authorize employees to take paid leave on these days. Many businesses and commercial establishments also allow employees to take paid leave* on public holidays.
⚠️Are Helpers eligible for this type of leave: No❌
The following are the government's public holidays for 2022:
The first day of January 1 January Saturday
Lunar New Year's Day 1 February Tuesday
The second day of Lunar New Year 2 February Wednesday
The third day of Lunar New Year 3 February Thursday
Ching Ming Festival 5 April Tuesday
Good Friday 15 April Friday
The day following Good Friday 16 April Saturday
Easter Monday 18 April Monday
The day following Labour Day 2 May Monday
The day following the Birthday of the Buddha 9 May Monday
Tuen Ng Festival 3 June Friday
Hong Kong Special Administrative Region Establishment Day 1 July Friday
The second day following the Chinese Mid-Autumn Festival 12 September Monday
National Day 1 October Saturday
Chung Yeung Festival 4 October Tuesday
The first weekday after Christmas Day 26 December Monday
The second weekday after Christmas Day 27 December Tuesday
Statutory Holidays (“Labor Leave”)
Definition: All employees, regardless of length of service, are entitled to the following statutory holidays.
⚠️ Are Helpers eligible for this type of leave: Yes ✅
Those 13 statutory holidays in 2022 are:
The first day of January 1 January Saturday
Lunar New Year’s Day 1 February Tuesday
The second day of Lunar New Year 2 February Wednesday
The third day of Lunar New Year 3 February Thursday
Ching Ming Festival 5 April Tuesday
Labour Day 1 May Sunday
The Birthday of the Buddha* 8 May Sunday
Tuen Ng Festival 3 June Friday
Hong Kong Special Administrative Region Establishment Day 1 July Friday
The second day following the Chinese Mid-Autumn Festival 12 September Monday
National Day 1 October Saturday
Chung Yeung Festival 4 October Tuesday
Chinese Winter Solstice Festival or Christmas Day (at the option of the employer) 22 December Thursday or 25 December Sunday
* The Employment (Amendment) Ordinance 2021 has come into operation on 1 January 2022. The first newly added statutory holiday is the Birthday of the Buddha.
👉🏻Additional information:
1️⃣All helpers under the "Employment Ordinance" are entitled to statutory holidays regardless of the number of working hours per week and the length of service years.
2️⃣The helper is entitled to holiday pay if she has been employed for 3 consecutive months immediately before the statutory holiday.
3️⃣If a statutory holiday falls on a helper’s rest day, the helper must be given a day off on the day following the rest day, which must not be a statutory holiday or an alternative/substitute holiday or rest day.
👉🏻Additional information:
1️⃣Can I ask my Helper to work on statutory holidays?
A: If the employer asks the helper to work on a statutory holiday, he must notify the domestic helper at least 48 hours in advance and arrange for compensatory leave within 60 days before or after the statutory holiday.
2️⃣If the domestic helper agrees, can I give her additional pay instead of statutory holidays?
Answer: No. Violations are subject to prosecution and a maximum fine of $50,000 upon conviction.
3️⃣If the statutory holiday falls on the helper’s rest day, do I have to give the helper additional leave?
Answer: Yes. Employers are required to make up leave to the FDH on the day following the rest day, which must not be a statutory holiday or an alternative/compensatory leave or rest day.
Example: An Indonesian helper's rest day is Sunday, and his employer chooses to use Christmas (ie December 25) as a statutory holiday. Since the statutory holiday on Christmas Day falls on a Sunday, the employer should make up the holiday on the following day (ie December 26), but this day must not be a statutory holiday, an alternative holiday, a substituted holiday or a rest day.
Sunlight Employment Agency hopes that the above information can help employers understand the difference between public holidays and statutory holidays, and abide by the law to grant helpers the right to take vacations.
Link to public holidays in 2022: https://www.gov.hk/en/about/abouthk/holiday/2022.htm
Link to statutory holidays in 2022: https://www.labour.gov.hk/en/news/latest_holidays2022.htm
Guidelines for rest days, statutory holidays and paid annual leave:
https://www.labour.gov.hk/tc/public/pdf/wcp/ConciseGuide/04.pdf
Definition of holidays in Legco: https://www.legco.gov.hk/research-publications/chinese/essentials-1415ise19-general-holidays-and-statutory-holidays-in-hong-kong.htm
