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Employees who have worked under a continuous contract of at least 12 months are entitled to annual leave. An employee's entitlement to paid annual leave increases progressively from 7 days to a maximum of 14 days according to the length of service. Employers are required to pay the annual leave pay to the employee on the day of the next payday after the annual leave period. The payment is equal to 100% of the daily average wages of the employee in the 12 months before the start of the annual leave. The law generally prohibits remuneration in lieu of the annual leave; however, an employee may choose to accept payment in lieu of the part of leave that exceeds 10 days.

The labor code of Hong Kong requires employers to provide a sickness allowance to an employee who has worked under a continuous employment contract for 1 month. The benefits accrue as follows:

• 2 paid sick days for each completed month of employment under continuous agreement during the first 12 months of employment
• 4 paid sick days per month after the first 12 months

The daily rate of sickness allowance is a sum equivalent to 80% of the average daily wages earned by an employee during 12 months preceding the first day of sick leave. For employment of under 12 months, the calculation is based on the shorter period. Sickness allowance is to be paid to the employee not later than the usual payday.

Female employees who have been working under a continuous contract immediately before the commencement of the maternity leave and have given notice of pregnancy (and the upcoming maternity leave) to the employer, are entitled to the following periods of leave:

• A continuous period of 14 weeks' maternity leave
• If delivery occurs past the expected date, the number of days from the day after the expected delivery date to the actual date of delivery is added
• An additional period of leave for up to 4 weeks on the grounds of illness or disability due to pregnancy or birth

Maternity leave is paid for 14 weeks on the typical payday of the employee. The daily rate of maternity leave benefit is a sum equivalent to 80% of the average daily wages earned by an employee in the 12 months preceding the first day of maternity leave, subject to a cap of HKD 80,000 (Hong Kong dollars). For employment under 12 months, the calculation shall be based on a shorter period.

Hong Kong provides 5 days of paid paternity leave. Paternity leave may be taken consecutively or as separate days, beginning up to 4 weeks before the expected delivery date and continuing for up to 14 weeks from the actual delivery date. Employees are entitled to paternity leave for the birth of a child if the employee is the father and they have been employed under a continuous contract immediately before taking the leave. Employees must notify the employer of their intent to take paternity leave at least 3 months before the expected delivery date, or for each intended date of leave, at least 5 days prior to that date.

The daily rate of the paternity leave benefit is a sum equivalent to 80% of the average daily wages earned by an employee in the 12 months preceding the day of paternity leave. If the employee has been employed by the employer for a period of less than 12 months, the benefit is calculated based on the shorter period.

Minimum Wage

The statutory minimum wage rate is HKD 42.10 (Hong Kong dollars) per hour.

Effective May 1, 2026, the SMW rate is HKD 43.10 (Hong Kong dollars) per hour.

Employment laws treat 1 month as the wage period unless otherwise agreed. Wages are due on the last day of the wage period and no later than 7 days after it. Employers are required to pay interest on any outstanding wages and are liable to prosecution if they fail to pay wages without a reasonable excuse.

Overtime, Holiday & Vacation Pay

With no statutory guidance on overtime pay, practice the recommended practice is to state in an employment agreement whether overtime is paid or unpaid, and the rate of pay, if applicable.

Whether an employee is paid for their weekly rest day is to be agreed by employers and employees. If an employee is required to work on a statutory holiday, the employer can grant an alternative holiday on another day within 60 days. An employer must not make any form of payment to the employee in lieu of granting a holiday.

A person who has been employed under a continuous contract for a minimum of 3 months immediately preceding a statutory holiday is entitled to the holiday pay. It is paid not later than the day on which the employee is next paid their wages after that statutory holiday.

The daily rate of holiday and annual leave pay is a sum equal to the average daily wages earned by the employee in the 12-month period preceding the holiday or leave. If a person is employed for under 12 months, the calculation shall be based on that period.

Notice Period

An employee or an employer can terminate the employment contract by giving notice to the other party verbally or in writing. The length of the notice period is as follows:

• For employment contracts renewable from month to month, the notice period is to be at least 1 month.
• In other cases, the notice period would be the one that is agreed to in the employment contract (cannot be under 7 days).

Employment contract can be terminated without giving notice by making a payment equal to the wages for the number of days of notice agreed upon.

An employer can summarily dismiss an employee without notice or payment in lieu of notice in case of gross misconduct. However, an employee taking part in a strike is not a lawful ground for an employer to terminate the contract without notice or payment in lieu.

Severance Benefits

Employees are eligible for severance pay if they have been employed for at least 24 months and are either dismissed by the employer due to economic redundancy or laid off as the employer is not able to provide work for at least half of the total regular working hours for a period of 4 consecutive weeks.

Beginning May 1, 2025, the amount of severance pay is calculated as follows for every year of employment:

• For a monthly-paid employee, the benefit is equal to two-thirds of the last full month’s salary per year of service
• For other employees, the severance pay is equal to 18 days of wages based on any 18 days chosen by the employee and occurring during the last 30 regular working days, multiplied by the years of service

There is no entitlement to severance benefits if the dismissal is based on employee conduct. Severance pay is not issued if the employer has offered to renew the employment contract at least 7 days before the contract termination date, but the employee has refused the offer unreasonably. The maximum severance and long service payments remain capped at HKD 390,000.

Pension

The law of Hong Kong provides for a Mandatory Provident Fund (MPF) scheme for employees 18 years old or over but below the retirement age of 65. The benefits are paid to employees who have attained retirement age in the form of a lump sum amount or installments from the accrued amount in the scheme. If the employee takes early retirement after reaching 60 years of age, they are eligible to receive the accrued amount either in a lump sum or in installments.

The Mandatory Provident Funds Schemes Authority sets the rates of monthly contributions:

• For a monthly income of less than HKD 7,100 (Hong Kong dollars), employers contribute 5%, and no employee contributions are required.
• For monthly income between HKD 7,100 and 30,000, employers and employees contribute 5% each.
• For monthly income that exceeds HKD 30,000, the contribution is a flat amount of HKD 1,500 from each party.

Dependents/Survivors Benefits

According to Hong Kong's Mandatory Provident Fund (MPF) Schemes Ordinance, when a member of a registered scheme has died, the scheme trustee shall pay the accrued benefits of the member to the member's dependents as a lump sum.

An employer's obligations to pay benefits to the survivors after the death of an employee due to a work-related accident are as follows:

• In case of the death of an employee under the age of 40 years at the time of death, a lump sum amount equal to 84 months' earnings is paid to the family.
• In case of the death of an employee between the ages of 40 and 56 years at the time of death, a lump sum amount equal to 60 months' earnings is paid to the family.
• In case of the death of an employee over the age of 56 years at the time of death, a lump sum amount equal to 36 months' earnings is paid to the family.

Where death results from a workplace injury, reimbursement of the reasonable expenses of the funeral of the deceased employee and the reasonable costs of medical attendance on the deceased employee shall be paid by the employer to a person who has covered the expenses. The employer’s reimbursement of funeral and medical expenses to the deceased employee is capped at HKD 98,950.

Invalidity Benefits

Employers must have a valid insurance policy to cover their liabilities both under the Employees' Compensation Ordinance and at common law for the work injuries of employees.

Compensation payable for permanent total incapacity resulting from a work injury is calculated with reference to the age and monthly earnings of the injured employee.

• Injured employees under 40 years of age are entitled to 96 months' earnings or minimum amount of compensation, whichever is higher.
• Injured employees between 40 and 56 years of age are entitled to 72 months' earnings or minimum amount of compensation, whichever is higher.
• Injured employees age 56 and over will receive 48 months of earnings or minimum amount of compensation, whichever is higher.

Employees also cover medical expenses up to a certain limit.

Personal Income Tax

The tax code of Hong Kong states that all persons are liable to pay income tax on income arising in Hong Kong from employment or pension. The tax assessment year runs from April 1 to March 31.

The standard deduction is HKD 132,000 per year.

The current income tax rates on taxable income are as follows:

Visas

• Transit visa - issued to individuals traveling to other locations via Hong Kong
• Visitor visa - issued to individuals who are traveling to Hong Kong for recreational purposes
• Employment visas - issued to foreign nationals with an employment contract to work in Hong Kong. The visa is valid for 1 year and renewable.
• Investment visas - issued to individuals investing in Hong Kong and their partner or spouse
• Entrepreneur visas - issued to individuals starting a business in Hong Kong
• Dependent visas - issued to spouses, partners, or children of individuals who are admitted to Hong Kong on an applicable visa
• Student visas - issued to foreign nationals enrolled in full-time educational programs or internships in Hong Kong with a school acceptance letter and the ability to meet financial requirements. For an internship, the duration of stay is 12 months.
• Other visas (Imported Workers, Foreign Domestic Helpers)

Work Permits

Short-term visitors are permitted to conduct business negotiations and sign contracts while on a visitor’s visa or entry permit. Eligibility requirements to apply for a work permit include:

• The applicant has no known record of serious crime in the past.
• The applicant has a sufficient educational background, usually a degree in the relevant field, but in special circumstances, proper technical qualifications, proven professional abilities, and/or relevant experience and achievements supported by documentary evidence may also be accepted.
• There is a genuine employment vacancy for the applicant to fill.
• The applicant has a confirmed employment offer and is hired for a job relevant to their academic qualifications or work experience that cannot be readily taken up by the local workforce.
• The remuneration package (income, accommodation, medical, and other fringe benefits) is broadly commensurate with the prevailing market level for professionals in Hong Kong.

The work permit is issued for a year and is renewable.

The labor code of Hong Kong states that persons 15 years of age or above can be legally employed. The law prohibits the employment of young persons (those between 15 and 18) in underground mines, quarries, industries involving tunneling operations, or any dangerous jobs. Children aged 13 or older can work in non-industrial establishments with parental consent and proof of school attendance or completion of Form 3.

No young person employed in an industrial undertaking is permitted to carry an unreasonably heavy load. Employers who employ young persons in an establishment are required to maintain appropriate facilities for resting. Employers are also required to keep a record of young employees, including their dates of birth, hours of work, type of work, rest days, leave, etc.

The total working hours for young persons may not exceed 8 hours a day or 48 hours a week. They cannot be employed between 7:00 PM and 7:00 AM. Young employees must be provided with a rest period of at least 30 minutes after 5 hours of continuous work. Persons over 16 years of age employed in shift work can work until 11:00 PM.