MigrantMigrant Guide

These are 12 Annual Holidays 2021 for Foreign Domestic Workers in Hong Kong

DDHK.ORG - Apart from weekly holidays and annual leave holidays, every foreign domestic worker is on Hong Kong entitled to 12 official holidays a year. These holidays are often referred to as Statutory Holidays.

In 2021, these holidays fall on the following dates and days:

  1. January 1 (Friday) = January XNUMXst
  2. February 12 (Friday) = Chinese New Year's Day
  3. February 13 (Saturday) = The second day of Chinese New Year
  4. February 15 (Monday) = The fourth day of Chinese New Year
  5. April 4 (Sunday) = Ching Ming Festival
  6. May 1 (Saturday) = Labor Day
  7. June 14 (Monday) = Tuen Ng Festival
  8. 1 July (Thursday) = Hong Kong SAR Establishment Day
  9. September 22 (Wed) = The day after the Mid-Autumn Festival (Mooncake Festival)
  10. October 1th (Friday) = National Day
  11. October 14 (Thursday) = Chung Yeung Festival
  12. December 21 or 25 (Tuesday / Saturday) = Winter Solstice Festival or Christmas Day (choose one)

Note:

  1. According to the Manpower Act, when Chinese New Year's Day, the second day of Chinese New Year or the third day of Chinese New Year falls on a Sunday, the fourth day of Chinese New Year is designated as an official holiday as a substitute. Since the third day of Chinese New Year 2021 falls on a Sunday, the fourth day of Chinese New Year will be designated as an official holiday.
  2. All workers are entitled to the above official holidays. If a legal holiday falls on a holiday (weekly), it must be granted on the day after the rest day which is not an official holiday or alternative holiday or substitute holiday or rest day.

Example:

A worker is given a rest day on Sundays. Because Ching Ming Festival (April 4) falls on a Sunday, the employer must grant a day off on the following day (i.e. April 5), but today must not be a legal holiday or alternative holiday or substitute holiday or rest day.

  1. A worker who has worked under a continuous contract for not less than 3 months is entitled to vacation pay equal to the average daily wages that the employee earned in the 12 month period preceding holidays.

Money Cannot Be Changed

Employers are permitted to require domestic workers to continue working on the 12 official holidays. With conditions, provide:

  • Notification, not less than 48 hours in advance; and
  • A replacement holiday within 60 days before or after the official holiday.

The employer may not exchange these 12 official holidays for additional money or salary, even if the domestic worker agrees. If they violate this provision, the employer can face criminal charges with a fine of HK $ 50,000. [Source: labour.gov. hk] [DDHK News]

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