Hong Kong: Employee rights

Original and updating author: Nicholas Chan, Squire Sanders

Note: Hong Kong is a Special Administrative Region of the People's Republic of China. It has a high degree of autonomy and its own legal system, including in the area of employment law.

Summary

  • There are no general statutory limits on daily or weekly working hours, which are set by individual employment contracts. (See Hours of work)
  • There is no statutory entitlement to a rest break during the working day, except for children and young people under the age of 18. (See Rest breaks and rest periods)
  • There are no restrictions on Sunday working. (See Sunday work)
  • There are various rules regarding minimum paid annual leave for employees and when it may be taken. (See Holiday and holiday pay)
  • Pregnant employees have various rights, including protection from dismissal. (See Maternity and pregnancy rights)
  • There is no statutory entitlement to parental or paternity leave. (See Parental and paternity leave)
  • Employment law does not formally define part-time or fixed-term work, or make any distinction between employees solely on the grounds of their part-time/full-time or fixed-term/open-ended status. (See Part-time and fixed-term workers)
  • When there is a transfer of a business, the employees of the transferor do not automatically transfer to the employment of the transferee. (See Transfers of undertakings)
  • In the event of an employer's insolvency, employees' claims receive preferential treatment over most other debts, up to certain limits. (See Insolvency of employer)
  • There are various rules regarding the retention and use of employees' personal data. (See Data protection)