Hiring employees in Hong Kong must comply with the region’s key labor legislations, especially the Employment Ordinance, which is the main piece of legislation governing conditions of employment and highlights employees’ rights and the duties and responsibilities of employers and employees.
The Employment Ordinance separates employees into two categories:
Employees employed under a continuous employment contract (entitled to all the statutory benefits under the Employment Ordinance).
Employees employed under an employment contract (entitled to essential protection under the Employment Ordinance).
An employee employed continuously by the same employer for four weeks or more, with at least 18 hours worked each week, is regarded as employed under a continuous contract.
Rights and Obligations of Employers and Employees
Employment Contract | Continuous Employment Contract |
Maximum work hours/week | Per contract (normally 40-50 hours) |
Maximum workdays/week | Per contract (normally 5 days) |
Overtime | Per contract |
Statutory holidays (paid) | 13 Days |
Annual leave (paid) | Not applicable |
Sick leave (paid) | Not applicable |
Maternity leave (paid) | Not applicable |
Year-end bonus | Not applicable |
Medical insurance | Per contract |
Mandatory provident fund (MPF) contribution | Required |
Probation | Per contract (normally 1-6 months) |
Long service payment | Not applicable |
Employers' Duties
Employers have specific obligations, including creating the employment agreement, submitting the employer's Return, notifying tax authorities about the departure of non-resident employees from Hong Kong, and making contributions to the Mandatory Provident Fund (MPF).
Creating the Employment Agreement
The required information to be incorporated in the employment contract includes:
Job title
Duration of employment
Responsibilities of the employee
Commencement date of employment
Weekly working hours
Entitlements and benefits
Conditions for contract termination
While employees' rights and benefits are protected under the Ordinance regardless of whether the employment contract is verbal or written, it is encouraged to have written employment contracts to avoid disputes.
Information Employers Must Provide Before Employment Begins
Wages (including the rate, overtime rate, and any allowance)
Wage period
Length of notice required to terminate the contract
End-of-year payment entitlements
If the employment contract is in writing, the employer must give one copy to the employee for retention and reference.
Note: For unwritten contracts, employers must provide this information in writing upon the employee's written request before employment starts. Failure to comply can result in a fine of up to US$10,000.
Employment Age
Hong Kong’s statutory minimum working age is 18. However, minors can work in specific settings depending on their age, subject to certain limitations.
Age Range | Employment Conditions |
15+ | Allowed to work in industrial settings with work-hour limits |
13-14 | Can work in non-industrial settings if attending full-time schooling and have completed Form III of secondary education |
Under 13 | Prohibited from employment unless special permission is granted for art and training purposes |
Hiring Students
Employers can hire students who are citizens or permanent residents of Hong Kong on a full-time or part-time basis. Student employees over 18 employed for 60 continuous days are entitled to MPF contributions. Employers must contribute at least 5% of the employee’s monthly earnings.
International Students
Internships: Related to the student’s field of study and endorsed by their university
Part-time on-campus employment: Up to 17 hours per week
Summer employment: No work-hour limitations, allowed between June 1 and August 31
Hiring Part-Time Employees and Contractual Staff
Part-time or contract employees enjoy the same protection as permanent full-time employees under Hong Kong's Employment Ordinance. Part-time staff typically work fewer hours than full-time staff, and contract workers sign fixed-term labor contracts.
Hiring Foreign Employees
The government encourages hiring foreign professionals with unique skills, knowledge, or expertise not readily available in Hong Kong. To work legally, foreign nationals must hold a valid employment visa.
Eligibility Criteria for Work Visa
Clean criminal record
Solid educational background (typically a university degree)
Genuine job opening
Confirmed employment offer
Compensation package in line with market rates
Types of Visas for Foreign Employees:
Visa Type | Description |
Employment visa | Foreign professional staff or graduates with special skills |
Supplementary labor scheme visa | Semi-skilled professionals at technician level or below |
Hong Kong Minimum Wage
Hong Kong has increased the minimum hourly wage from HK$37.5 (US$4.8) to HK$40 (US$5.11). Employers must record the total hours worked by an employee if the employee is paid the minimum wage and their wages are less than the specified monetary cap.
The monetary cap has been increased from HK$15,300 (US$1,957) per month to HK$16,300 (US$2,085) per month.
For detailed information and updates, always refer to the latest guidelines from the Hong Kong Labour Department.
Woodburn Accountants & Advisors is one of China’s most trusted business setup advisory firms.
Woodburn Accountants & Advisors is specialized in inbound investment to China and Hong Kong. We focus on eliminating the complexities of corporate services and compliance administration. We help clients with services ranging from trademark registration and company incorporation to the full outsourcing solution for accounting, tax, and human resource services. Our advisory services can be tailor-made based on the companies’ objectives, goals and needs which vary depending on the stage they are at on their journey.
Talk to an expert
Schedule a 30-mins complimentary, no-obligation call to see how Woodburn can help you. Book a call with our Head of Business Advisory - Kristina Koehler-Coluccia.
Topics we can advise on include:
Company Registration
Cloud Accounting & Financial Reporting
Cloud Payroll Services
Tax & Audit Services
Recruitment
Employer-of-Record
Visa Application
Trademark Registration
Switch to Woodburn
Partner with Woodburn (cross referral)
Our calls are automatically scheduled via Zoom - or via Teams, WeChat or WhatsApp upon direct request.
Our advisory calls are available from Monday-Friday from 8am to 5pm CEST and Wednesday until 9pm CEST.