Understanding employees’ rights and benefits

As a global talent hub, Hong Kong is committed to helping individuals of all nationalities, sexes, religious beliefs, and cultural backgrounds thrive professionally. Within the city’s multicultural and inclusive social environment, all talent are protected by local labour legislation and retirement schemes. The following article will help you further understand the legal protections enjoyed by talent in Hong Kong, including employees’ equal opportunities, basic rights and benefits, along with retirement protection and work arrangements in times of adverse weather and “extreme conditions” as announced by the government.

Providing equal employment opportunities

Diversity, equity, and inclusivity are significant cultural values in Hong Kong society, as well as one of the key conditions for attracting global talent to develop in the city. Overseeing Hong Kong’s 4 anti-discrimination laws, the Equal Opportunities Commission (EOC) is an independent statutory body dedicated to eliminating discrimination on the grounds of sex, marital status, pregnancy, disability, family status, and race. Through establishing fair procedures and standards, the EOC prevents discrimination against any person on the ground of race during recruitment, appointment, promotion, staff development and dismissal processes. These measures offer all-round support for businesses in fostering safe and harmonious working environments, providing global talent with equal employment protections and a smoother integration into Hong Kong society and workplace. 

Important employment rights protections

Apart from equal employment opportunities, legislation in Hong Kong requires employers to take out employees’ compensation insurance for their employees. Under the Employees' Compensation Ordinance, if an employee sustains an injury or dies as a result of an accident arising out of and in the course of his employment, or has contracted an occupational disease specified by the ordinance, their employer is in general liable to pay compensation. Additionally, the Mandatory Provident Fund Schemes Ordinance makes it compulsory for all employees aged 18 to 64 to participate in the Mandatory Provident Fund (MPF). Equivalent to the concepts of Workplace pensions in the United Kingdom, Pension Plan in Canada, and Basic Pension Insurance in the Mainland, the MPF System is a retirement protection plan that requires both employers and employees to make regular mandatory contributions. It allows talent to accumulate savings to prepare for life after retirement as well as address any related living needs. 

Three basic types of holidays

Besides the legislation mentioned above, talent coming to Hong Kong are entitled to rest days, statutory holidays, and paid annual leave in accordance with the Employment Ordinance:

• Rest days: In Hong Kong, talent employed under a continuous contract are entitled to not less than 1 rest day in every period of 7 days. An employee who has been employed continuously by the same employer for four weeks or more, with at least 18 hours worked in each week is regarded as being employed under a continuous contract.
• Statutory holidays: Irrespective of his length of service, an employee is entitled to 14 statutory holidays (increased to 15, 16 and 17 days starting from 2026, 2028 and 2030 respectively). If an employee has been employed under a continuous contract for not less than three months immediately preceding a statutory holiday, they are entitled to holiday pay.
• Paid annual leave: An employee is entitled to annual leave with pay after having been employed under a continuous contract for every 12 months. An employee's entitlement to paid annual leave is 7 days each year for the first two years, after which it increases by 1 day each year to a maximum of 14 days, according to his length of service. However, note that the aforementioned numbers are the minimum numbers of paid annual leave days you are entitled to. As employee benefits vary by company, you may be entitled to more paid annual leave days. 

Moreover, subject to fulfillment of relevant eligibility criteria, you are entitled to other benefits and protection, such as sickness allowances, maternity protection, paternity leave, end of year payment, severance payment or long service payment, and employment protection. These provisions not only safeguard employees’ rights but promote stability in the labour market as well, allowing global talent to work in Hong Kong with peace of mind.

Prioritising safety through work arrangements

To ensure further safety and well-being for employees, the Labour Department has also published the Code of Practice in Times of Adverse Weather and “Extreme Condition”. Employers should consult employees and make prior work arrangements for staff during and after tropical cyclones, rainstorms, other adverse weather conditions, and “extreme conditions” as announced by the government, such as arrangements on reporting for duty, release from work, resumption of work and remote work (if applicable). Talent coming to Hong Kong can also discuss work arrangements with their employers based on specific circumstances, including their place of residence and the condition of nearby roads and transportation. This guideline reflects the government’s commitment to employee welfare, along with the creation of a secure, protected environment for talent developing their career in Hong Kong.

In conclusion, Hong Kong’s equal opportunities, basic rights, holidays, and retirement protection enable a comprehensive employee protection system for incoming talent, ensuring that you can thrive in a stable and safe professional environment. For further information, please refer to the Labour Department and Mandatory Provident Fund Schemes Authority (MPFA) websites.