Employment

Working hours, leaves, and holidays

Working hours
  • Regular working time
    The regular working time may not exceed eight hours a day nor 40 hours a week.
  • Extended working time
    When an employer has a necessity to have the employee to perform the work besides regular working hours, the employer, with the consent of a labor union or the approval of a labor-management conference, may extend the working hours. The extension of working hours combined with the regular working hours shall not exceed twelve hours a day; the total number of overtime shall not exceed forty-six hours a month.
  • Regular leave and rest day
    A worker shall have two regular days off every seven days. One day is a regular leave and the other one is a rest day.
  • Attendance records
    Employers shall prepare and keep worker attendance records for five years. The attendance records shall register the attendance of workers on a daily basis to the minute. Employers may not refuse when workers request for duplicates or photocopies of the attendance records.
National holidays
NOItemDate
1Republic Day / New Year's Day1 Jan
2Chinese New YearChinese New Year's Eve ~ 5th day of 1st lunar month
3Peace Memorial Day28 Feb
4Ching Ming Festival and Tom Sweeping Day, and Children's Day4 Apr
5Labor Day1 May
6Dragon Boat Festival or Tuen Ng Festival5th day of 5th lunar month
7Mid-Autumn Festival15th day of 8th lunar month
Overtime charges

Overtime charge has different rates. We assume the monthly salary at $a and hourly rate $b=a/30, then:

Overtime HoursOvertime Charge Rate (c)Charge Hours(d)Overtime Payment(e=b*c*d)
<2 hours on working days1.34 * bactual overtime hours1.34 * b * actual overtime hours
2~4 hours on working days1.67 * bactual overtime hours1.67 * b * actual overtime hours
<2 hours on rest days1.34 * bactual overtime hours1.34 * b * actual overtime hours
2~8 days on rest days1.67 * bactual overtime hours1.67 * b * actual overtime hours
8~12 hours on rest days2.67 * bactual overtime hours2.67 * b * actual overtime hours
<8 hours on regular leavesb8 (fixed)b * 8
8~12 hours on regular leaves2 * bactual overtime hours2 * b * actual overtime hours
<8 hours on holidaysb8 (fixed)b * 8
8~10 hours on holidays1.34 * bactual overtime hours1.34 * b * actual overtime hours
10~12 hours on holidays1.67 * bactual overtime hours1.67 * b * actual overtime hours
Leaves

Primary leaves guaranteed by labor laws are as below:

NOTypeCriteria
1Annual paid leavesA worker who has worked continually for the same employer or business entity for a certain period of time shall be granted annual paid leaves on an annual basis:
  • 6 months < service < 1 year: 3 days
  • 1 year < service: 7 days
  • 2 years < service: 10 days
  • 3 years < service: 14 days
  • 5 years < service: 15 days
  • 10 years < service: 16 days
  • 11 years < service: 17 days
  • 12 years < service: 18 days
  • :
  • :
  • 24 years < service: 30 days
2Personal leaves
  • In the event of matters which a worker must personally deal with: 14 days / year
3Sick leaveWhen a worker must receive medical service or rest on account of ordinary injury, sickness, or physical reasons:
  • a. For the non-hospitalized: 30 days
  • b. For the hospitalized: 1 year
  • a+b < 1 year.
4Funeral leave
  • On the death of parent, foster-parent, step-parent, spouse: 8 days
  • On the death of grand-parent, son or daughter, parent of spouse, foster-parent or step-parent of spouse: 6 days
  • On the death of great-grandparent, brother or sister, grand-parent of spouse: 3 days
5Wedding leave
  • On wedding day: 8 days
6Maternity leave
  • A female worker before and after childbirth: 8 weeks
  • In the case of a miscarriage after being pregnant for more than three months: 4 weeks
  • In the case of a miscarriage after being pregnant for over two months and less than three months: 1 week
  • In the case of a miscarriage after being pregnant for less than two months: 5 days
7Paternity leave
  • When an employee’s spouse is in labor: 5 days
8Leave for pregnancy checkups
  • During an employee’s term of pregnancy: 5 days
9Parental leaveAfter being in service for six months, before any of their children reach the age of three years old:
  • The period of this leave is until their children reach the age of three years old but may not exceed two years.
  • When employees are raising over two children at the same time, the period of their parental leave shall be computed aggregately and the maximum period shall be limited to two years received by the youngest child.
10Family care leavesFor the purpose of taking personal care for family members who need inoculation, who suffer serious illness or who must handle other major events:
  • The number of this leave shall be included into personal leaves and not exceed seven days in one year.
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