Four weeks, 68 hours. From 18 January 2026, whether a part-time employee in Hong Kong is entitled to holiday pay, paid annual leave and other statutory benefits no longer depends only on working a full 18 hours every week.
The Employment (Amendment) Ordinance 2025 changed how a "continuous contract" is calculated, replacing the existing "418" arrangement with a new "468" one. On 13 January 2026, the Secretary for Labour and Welfare said the change was meant to solve a problem: an employee works long hours in the first three weeks, has a very short fourth week, and so fails to qualify. The amendment was discussed at the Labour Advisory Board, where employee and employer representatives reached a consensus.
"418" versus "468": the difference is one week
Under the Employment Ordinance, an employee must be employed continuously by the same employer for four weeks or more, with qualifying working hours, to be employed under a "continuous contract". The old rule required at least 18 hours of work every week.
The new rule does two things. The weekly threshold is lowered to 17 hours, and a "four-week total" test is added. If a week falls short of 17 hours, that is acceptable as long as the hours worked in that week and the three weeks immediately before it add up to at least 68 hours; the week still counts towards continuous employment.
How to count hours: a four-step check
- Confirm that the employee has been employed continuously by the same employer for four weeks or more.
- Check week by week: a week with at least 17 hours of work counts towards continuous employment.
- For a week under 17 hours, add its hours to those of the three weeks immediately before it; if the total is at least 68 hours, the week still counts.
- The 68 hours must be hours the employee worked for the employer concerned during those four weeks.
Here is a hypothetical example. An employee works 22, 20, 18 and 10 hours in four weeks. Under the old rule, the fourth week falls short of 18 hours. Under the new rule, the four-week total is 70 hours, above 68, so the fourth week still counts.
No retrospective effect for days before 18 January
The Labour Department states that the new rule has no retrospective effect. For employment periods before 18 January 2026, at least 18 hours of work a week is still required. From 18 January onwards, the test is "at least 17 hours a week" or the "468" test. HR staff reviewing old records need to apply the two standards separately by date.
Which benefits are affected
Continuous contract status affects whether employees can receive statutory benefits such as holiday pay and paid annual leave. The Secretary said that employees who meet the requirement are entitled to the full suite of rights under the Employment Ordinance. However, the amendment changes only how hours are counted; the existing eligibility conditions for each entitlement still apply.
- Statutory holidays: all employees covered by the Employment Ordinance are entitled to them, regardless of working hours or length of service.
- Statutory holiday pay: the employee must have been employed under a continuous contract for at least three months immediately before the holiday.
- Paid annual leave: available for every 12 months of employment under a continuous contract.
- Other entitlements each have their own eligibility conditions; check the Labour Department's original text for details.
Statutory holiday timetable: 15 days from 2026
According to the Labour Department's FAQ on statutory holidays, Easter Monday is added from 2026, raising statutory holidays to 15 days; Good Friday is added in 2028, making 16; and the day following Good Friday is added in 2030, making 17. The consultancy China Briefing lists the same phased arrangement. For the exact dates in each year, consult the Labour Department or government public holiday announcements.
Four rules for HR
- The daily rate of holiday pay equals the employee's average daily wages in the 12 months before the holiday (or its first day); if employed for less than 12 months, the shorter period is used.
- Holiday pay must be paid no later than the first pay day after the holiday.
- An employer who requires an employee to work on a statutory holiday must give at least 48 hours' notice and arrange an alternative holiday within 60 days before or after the holiday; if both sides agree, a substituted holiday may be arranged within 30 days of the statutory holiday or the alternative holiday.
- Payment of any kind may not be given in place of a statutory holiday; on conviction, an offence is punishable by a fine of HK$50,000.
Minimum wage adjusted at the same time
As of October 2026, the Labour Department has published the following; for actual calculations, rely on the Labour Department's original text:
- The statutory minimum wage rises from HK$42.1 to HK$43.1 an hour from 1 May 2026.
- If 1 May falls within a wage period, HK$43.1 applies only to hours worked on or after 1 May.
- The monthly wage ceiling above which employers must keep records of working hours rises from HK$17,200 to HK$17,600 on the same date.
- China Briefing notes that the minimum wage review has changed from once every two years to an annual, formula-based review.
In a dispute, who to contact first
- Call the Labour Department's 24-hour enquiry hotline, 2717 1771, which is answered by "1823".
- Apply for the conciliation service of the Labour Department's Labour Relations Division: the service is free and participation is voluntary.
- Understand the limits of conciliation: conciliation officers have no power to decide who is right or wrong.
- If no settlement is reached, depending on the claimant's wishes, the number of claimants and the amount claimed, the case may be referred to the Small Claims Tribunal or the Labour Tribunal.
The rule looks like a difference of a single number, but disputes often turn on records. If employees note their hours each week and HR reviews them every four weeks, problems can be spotted early.
Prices and details correct as of October 2026
Compiled by the F50 Editorial Team from public sources, for general reference only and not professional advice. Details are correct as of the publication date and may change.
Sources
- 香港勞工處: 修訂《僱傭條例》「連續性合約」常見問題解答(簡體版 PDF,09/2025) ()
- 香港勞工處: 法定假日常見問題解答 ()
- 香港政府新聞公報: Remarks by SLW on new continuous contract requirement under Employment Ordinance and Mandatory Reporting of Child Abuse Ordinance ()
- 香港勞工處: Statutory Minimum Wage $43.1 per hour(傳單 PDF) ()
- 香港勞工處: Conciliation Service of the Labour Relations Division ()
- China Briefing (Dezan Shira & Associates): Hong Kong Employment Compliance: What's New in 2026 ()
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