Statutory Holiday 2021 for Domestic Helper in Hong Kong

Statutory Holiday 2021 for Domestic Helper in Hong Kong

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HelperPlace

12-10-2021 | 3 Min read

In Hong Kong, domestic helpers are entitled to only few public holidays, not just like any other employees. According to the Employment Ordinance, a helper can enjoy 12 days of statutory holidays, regardless of how long they have been employed. This article will show you the statutory holidays in 2021 and related issues towards them.

Full List of Statutory Holiday 2021 in Hong Kong

Date Day Holiday Name
1 January 2021 Friday The first day of January
12 February 2021 Friday Lunar New Year’s Day
13 February 2021 Saturday The second day of Lunar New Year
15 February 2021 Monday The fourth day of Lunar New Year
4 April 2021 Sunday Ching Ming Festival
1 May 2021 Saturday Labour Day
14 June 2021 Monday Hong Kong Special Administrative Region Establishment Day
1 July 2021 Thursday National Day
22 September 2021 Wednesday The day following the Chinese Mid-Autumn Festival
1 October 2021 Friday National Day
14 October 2021 Thursday Chung Yeung Festival

21 December 2021 or*

25 December 2021

Tuesday or*

Saturday

Chinese Winter Solstice Festival or 

Christmas Day

* according to the preferred option of the employer

The Employment Ordinance was gazetted on 16 July, 2021, where there will be 5 additional statutory holidays in the coming years and will be effective in the following order:

  • The Birthday of the Buddha from January 1, 2022
  • The first weekday after Christmas Day from January 1, 2024
  • Easter Monday from January 1, 2026
  • Good Friday from January 1, 2028
  • The day following Good Friday from January 1, 2030

Can I Ask the Domestic Helper to Work on Statutory Holidays?

Employers must give the domestic helper a total of 12 statutory holidays in a year. If you are unable to let the helper take leave on a holiday, you should give prior notice of not less than 48 hours and an alternative holiday within 60 days. The alternative holiday can be either before or after the original holiday.

You should keep a clear record of alternative holidays taken by the helper to avoid any arguments and confusion

Should I Pay the Domestic Helper for Statutory Holidays?

Foreign domestic helpers (FDH) in Hong Kong must be paid for their statutory holidays, after 3 months of employment, as stated in the law. The holiday pay should be paid to the helper no later than the next payday after that statutory holiday.

Can I Pay the Domestic Helper Instead of Granting the Statutory Holiday?

You should never make any payment to the domestic helper in lieu of the statutory holidays.

If the employers fail to grant statutory holidays or alternative holidays or failed to pay holiday pay to a foreign domestic helper may be liable to prosecution and a maximum fine of HK$50,000 upon conviction.

What if the statutory holiday falls on a rest day?

If the statutory holiday falls on a rest day, you should grant the domestic helper a holiday on the next day which is not a rest day, statutory holiday or alternative holiday.

Conclusion

Statutory holidays are an important time for domestic helpers to rest and have their own time. Remember to take the responsibility to grant the helpers public holidays in Hong Kong and respect their right to rest and have paid holidays.