The contract and the stage of employment establish the required notice period. The unit used in that period, and the date on which notice takes effect, then establish the end date. A period stated in months is not counted in the same way as a period stated in days.
The Labour Department's published table provides the starting point:
| Employment stage | What the contract says | Notice period |
|---|---|---|
| First month of probation | Any provision | No notice or payment in lieu is required |
| After the first month of probation | Contract states a period | The agreed period, but not less than 7 days |
| After the first month of probation | Contract is silent | Not less than 7 days |
| No probation or probation completed, continuous contract | Contract states a period | The agreed period, but not less than 7 days |
| No probation or probation completed, continuous contract | Contract is silent | Not less than 1 month |
| No probation or probation completed, non-continuous contract | Contract states a period | The agreed period |
This table identifies the period. The contract and the facts still need to establish when notice was given or received and whether the period is in days, weeks or months. The official guidance was checked on 3 August 2026.
Probation and the one-month default
During the first month of a probation period, either party may terminate the contract without notice and without payment in lieu. After that first month, an agreed notice period must be at least seven days. If the contract says nothing about notice, the minimum is also seven days.
The often-quoted one-month default applies only after probation, or where there is no probation, and only where the employee has a continuous contract and the contract does not state the required notice period. If a continuous contract does state a period, the agreed period applies subject to the seven-day minimum. For a non-continuous contract after probation, the Department states that the notice period is the agreed period.
The first month of probation is part of a probation period. It is not a general right to end any new employment without notice.
Establish whether the contract is continuous
Since 18 January 2026, an employee has a continuous contract where they have been employed continuously by the same employer for at least four weeks and meet either working-hours test:
| Test | Requirement |
|---|---|
| Weekly test | At least 17 hours in each week |
| Four-week test | Where a week has fewer than 17 hours, at least 68 hours across that week and the three preceding weeks, with employment by that employer throughout the four weeks |
For employment before 18 January 2026, the former test required at least 18 hours in each of four weeks. The employee's hours and employment record must be checked against the applicable test before selecting a notice period.
Count a notice period stated in months
For a period stated in months, the day on which notice is given is included. The period ends at the end of the day before the matching date in the following month.
The Labour Department gives three examples of that rule:
| Notice date | One-month period ends |
|---|---|
| 13 February | End of 12 March |
| 30 January | End of the last day of February, where there is no matching date |
| Last day of February | End of 31 March |
This is calendar-month counting, not a 30-day count. Weekends and General Holidays within the month do not extend it.
Example: notice given on 15 September
Assume the employee is past probation, has a continuous contract, and the contract does not state a notice period. The required period is one month.
| Setting | Value |
|---|---|
| Notice given | Monday 15 September 2025 |
| Period | 1 calendar month |
| Include start date | Yes |
| Include deadline date | Yes |
| End of period | Tuesday 14 October 2025 |
The period begins on 15 September and ends at the end of 14 October, the day before the matching date in the next month. In the calculator, select a period of months and include both boundaries. The result is Tuesday 14 October 2025.
Open the one-month notice example in the calculator.
A period stated in days needs its own boundaries
The Labour Department treats day-based notice separately. To avoid disputes, the day on which notice is given may be excluded from a period stated in days.
Do not apply the month settings to a seven-day notice period. The contract may use days, weeks, months, working days or another defined term. It may also say how to treat the notice day. A General Holiday does not turn a calendar-day or calendar-month period into a working-day period.
Once the applicable source supplies those choices, the calculator can count the dates. The effective date of notice and the meaning of the contractual wording remain inputs to the calculation.
When there is no period to count
Two situations remove the notice period rather than change its length.
Payment in lieu can be made instead of giving notice. The amount is based on 12-month average wages, calculated differently for a period stated in days or weeks and one stated in months. Use the Labour Department's guidance and average-wages calculator for the figure.
Summary dismissal under section 9 also ends the contract without notice or payment in lieu, and an employee may leave without notice in the limited circumstances the Labour Department sets out. Both depend on legal tests applied to the facts, not on a date setting.
In either case there is no period for the calculator to count. Establish which situation applies before looking for an end date.
What the calculator can show
After the contract, employment stage and effective notice date are established, the calculator can count a period in days, weeks or months. It can reproduce the 15 September to 14 October example and keep the selected boundaries visible. It also shows General Holidays and weekends that fall within the period.
The contract, employment record and applicable law must supply the notice term, continuous-contract status and any effect of leave, garden leave or immediate termination. Payment in lieu also requires a separate wage calculation.
For the underlying distinction between calendar and working-day counting, see Working Days vs Calendar Days in Hong Kong.
Sources
Sources checked on 3 August 2026:
- Labour Department: Termination of Contracts of Employment, probation, continuous and non-continuous contract periods, payment formulas, and termination without notice
- 1823: Calculating the notice period or payment in lieu, month boundaries, day-based notice and 12-month average-wage formulas
- Labour Department: Current continuous-contract requirement, current 17-hour and 68-hour tests
- Labour Department: 2026 continuous-contract change, commencement date and former 18-hour test
- Hong Kong e-Legislation: Employment Ordinance (Cap. 57), legislation underlying the Department's guidance
