Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.39

Grant of holidays

(1)
Subject to subsections (1A), (2) and (3), an employee shall be granted a
                statutory holiday by his employer on each of the following
                    days
*—
(Amended
137 of 1997 s. 3
)
(a)
Lunar New Year’s Day or, if that day falls on a Sunday, then the fourth day
                    of Lunar New Year;
(Amended
27 of 1982 s. 2
;
23 of 2011 s. 5
)
(b)
the second day of Lunar New Year or, if that day falls on a Sunday, then
                    the fourth day of Lunar New Year;
(Amended
23 of 2011 s. 5
)
(c)
the third day of Lunar New Year or, if that day falls on a Sunday, then the
                    fourth day of Lunar New Year;
(Amended
23 of 2011 s. 5
)
(d)
Ching Ming (清明) Festival;
(da)
Labour Day, being the first day of May;
(Added
100 of 1997 s. 2
. Amended
35 of 1998 s. 5
)
(e)
Tuen Ng (端午) Festival;
(Amended
35 of 1998 s. 5
)
(f)
the day following the Chinese Mid-Autumn (中秋) Festival or, if that day
                    falls on a Sunday, then the second day following that Festival;
(Amended
27 of 1982 s. 2
;
23 of 2011 s. 5
)
;
(g)
the Chung Yeung (重陽) Festival;
(h)
the Chinese Winter Solstice Festival (冬節) or Christmas Day, at the option
                    of the employer;
(i)
the first day of January;
(Replaced
53 of 1976 s. 2
)
(j)
Hong Kong Special Administrative Region Establishment Day, being the first
                    day of July;
(Added
137 of 1997 s. 3
. Amended
35 of 1998 s. 5
;
21 of 2021 s. 3
)
(k)
National Day, being the first day of October;
(Added
137 of 1997 s. 3
. Amended
35 of 1998 s. 5
;
21 of 2021 s. 3
)
(l)
the Birthday of the Buddha, being the eighth day of the fourth lunar month;
(Added and amended
21 of 2021 s. 3
)
(m)
the first weekday after Christmas Day;
(Added and amended
21 of 2021 s. 3
)
(n)
Easter Monday.
(Added
21 of 2021 s. 3
)
(1A)
The operation of subsection
(1
)(
da)
shall be suspended for the year
                    1998.
(Added
137 of 1997 s. 3
)
(2)
An employer may, instead of granting an employee a holiday on a statutory
                holiday, grant the employee an alternative holiday on another day (which is not a
                statutory holiday or a substituted holiday) within the period of 60 days immediately
                preceding or next following the statutory holiday, if the employer has notified the
                employee, either orally or in writing or by notice posted in a conspicuous place in
                the place of employment, of the day on which he will be granted the alternative
holiday—
(a)
where the alternative holiday is to be taken on a day within the period of
                    60 days immediately preceding the statutory holiday, not less than 48 hours
                    before that day; or
(b)
where the alternative holiday is to be taken on a day within the period of
                    60 days next following the statutory holiday, not less than 48 hours before the
                    statutory holiday.
(2A)
Subsection (2) shall apply to and in relation to a holiday under subsection (4)
                as it applies to and in relation to a statutory holiday.
(Added
137 of 1997 s. 3
)
(3)
An employer and his employee may agree that another day shall be substituted
                for a statutory holiday or an alternative holiday or a holiday under subsection (4),
                if such substituted holiday falls within the period of 30 days of such statutory
                holiday, alternative holiday or holiday under subsection (4).
(Amended
27 of 1982 s. 2
)
(4)
Where—
(a)
a statutory holiday falls on a rest day, or in the case of an employee who
                    is a young person, on a day on which, by virtue of the Employment of Young
                    Persons (Industry) Regulations (
Cap. 57 sub. leg.
                    C
), the employment of the employee in an industrial undertaking is not
                    allowed, the employee shall be granted a holiday on the next day thereafter
                    which is not a statutory holiday or an alternative holiday or a substituted
                    holiday or a rest day; or
(Amended
7 of 2001 s. 9
)
(b)
a statutory holiday falls on the same day as that of another statutory
                    holiday, an employee shall be granted a holiday on the next day thereafter which
                    is not a statutory holiday or an alternative holiday or a substituted holiday or
                    a rest day.
(Replaced
137 of 1997 s. 3
)
#
(5)-(9)
(Repealed
137 of 1997 s. 3
)