Employment Notice Periods in Hong Kong (Cap. 57)

Employment notice in Hong Kong runs on calendar days. That means weekends count, General Holidays count, and Typhoon Signal 8 days count. The clock does not pause.

This catches people out regularly — especially anyone who has worked in a jurisdiction where notice periods use working days.

Three things that surprise people

1. The first month of probation: no notice required

During the first month of probation, either party can terminate the employment contract without notice and without payment in lieu.

After the first month of probation, the notice period specified in the contract applies — but it must be at least 7 days.

2. The default is one month, not one week

If the employment contract does not specify a notice period, the statutory default under the Employment Ordinance (Cap. 57) is one month.

Any contractual notice period must be at least 7 days. There is no maximum — some contracts specify 3 months or longer.

3. "One month" has a specific definition

The Employment Ordinance defines a "month" as:

• Starting on the day notice is given (that day is included)
• Ending at the end of the day before the corresponding date in the following month

Worked examples:

This is not "approximately 30 days." It is a precise anniversary-based calculation that handles varying month lengths.

Payment in lieu of notice

Under Section 7 of the Employment Ordinance, either party may terminate by making a payment in lieu of notice instead of serving the notice period.

The payment equals the wages that would have accrued during the notice period.

Key facts:

• Payment in lieu is taxable income (since April 2012)
• Either party — employer or employee — can choose this option
• The parties can agree to a shorter notice period supported by payment in lieu for the balance

Summary dismissal (Section 9)

An employer may dismiss an employee immediately without notice under Section 9 if the employee:

1. Wilfully disobeys a lawful and reasonable order
2. Misconducts himself in a way inconsistent with faithful discharge of duties
3. Commits an act justifying dismissal under common law

The burden of proof lies with the employer. Courts require cogent evidence given the serious consequences of summary dismissal. This is reserved for extremely serious misconduct — habitual neglect, serious negligence, persistent unauthorised absence, or wilful disobedience.

The counting method: calendar days, not working days

Employment notice under Cap. 57 uses calendar days:

The notice period does not pause for any reason. If you give one month's notice on 16 February 2026 (the day before Lunar New Year), the three CNY General Holidays (17–19 February) are all included in the running count.

Notice requirements by employment stage

Unlike some jurisdictions, Hong Kong does not have escalating notice periods based on length of service. The notice period is the same whether you have worked for 1 year or 20 years — unless the contract says otherwise.

Continuous employment requirement

These rules apply to continuous employment contracts — defined as employees who have worked for the same employer for at least 4 consecutive weeks with at least 18 hours per week.

Employees not on continuous contracts have different (generally lesser) protections.

Where the calculator helps

While employment notice periods in Hong Kong use calendar days rather than working days, the calculator is useful for:

• Verifying when a one-month notice period expires using the anniversary rule
• Checking whether a notice period end date falls on a working day or holiday
• Planning handover timelines based on working days within the notice period

For calculator details, see the Info Guide.

Official sources

• Cap. 57 Employment Ordinance
• Section 9: Termination without notice
• Labour Department: Termination of Employment
• Labour Department: Concise Guide to the Employment Ordinance (PDF)
• GovHK 1823: How to calculate notice period