New "continuous contract" requirement under Employment Ordinance applicable from January 18, 2026
A spokesperson for the Labour Department (LD) said today (December 29) that the amendments to the "continuous contract" requirement under the Employment Ordinance (EO) (Cap. 57) made by the Employment (Amendment) Ordinance 2025 will be applicable from January 18, 2026.
The new requirement will lower the working hours threshold of the "continuous contract" and introduce flexibility in the calculation of working hours, reducing the circumstances that disrupt the continuity of an employee's employment when the working hours of a week occasionally fall below the threshold. This change makes it easier for employees to enjoy comprehensive employment rights, such as statutory holiday pay and paid annual leave.
Upon the application of the new requirement, an employee is regarded as being employed under a "continuous contract" if he has been employed continuously by the same employer for four weeks or more; and has met one of the working hours requirements: (i) worked for at least 17 hours each week; or (ii) (if worked less than 17 hours in any week) worked for the employer concerned for 68 hours or more in a four-week periodcomprising that week and the three weeks next preceding that week.
The new requirement has no retrospective effect. For an employment period before the new requirement is applicable, an employee is still required to be employed continuously by the same employer for four weeks or more and has worked for at least 18 hours or more each week to meet the "continuous contract" requirement.
Other provisions of the EO will operate as they currently do, and employees will continue to enjoy various statutory benefits.
Members of the public may visit the LD's dedicated webpage www.labour.gov.hk/eng/news/EAO2025.htm for further details, or call the LD's 24-hour hotline 2717 1771 (manned by 1823) for enquiries.
The Labour Department, Photo source: reference image
