Hong Kong: Employee rights

Original and updating author: Nicholas Chan, Squire Patton Boggs

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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 a statutory right to paternity leave. (See 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)
• There are no statutory rules that expressly regulate remote working. (See Remote 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)
• Employment legislation does not deal with disciplinary and grievance procedures, except in relation to suspension. (See Disciplinary and grievances procedures)
• There are various rules regarding the retention and use of employees' personal data. (See Data protection)