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Hong Kong: Labour Advisory Board announced changes in the 418 Rule

  • The Labour Advisory Board (LAB) in Hong Kong has agreed to relax the "418" requirement, using aggregate working hours of four weeks with a 68-hour threshold.
  • This review is part of the labour support initiatives from the Chief Executive's 2023 Policy Address. 

The recent consensus achieved by the Labour Advisory Board in Hong Kong represents a crucial development in the evolution of the Employment Ordinance, particularly the "continuous contract" requirement, also known as the "418" rule. 

The "418" rule has traditionally been a cornerstone in determining the applicability of employment benefits: under the existing framework, employees who are engaged for four weeks and work 18 hours or more per week are entitled to several employment benefits (statutory holiday pay, paid annual leave, and sickness allowances, among other rights). 

The new amendment shifts the focus to aggregate working hours with a new approach that considers actual working time over a set period.

This change follows extensive discussions among representatives of employers and employees. It illustrates the effectiveness of the tripartite consultative approach adopted by the LAB, which includes members representing employees, employers, and the government. The spirit of cooperation and open dialogue underpinning these discussions indicates a labour relations environment that values consensus and carefully balances interests.

From an employer's perspective, the amendments are poised to strike a balance between maintaining flexible employment arrangements and ensuring fair labour rights. 

The new threshold allows for greater adaptability in workforce management, particularly for part-time and flexible roles, which are becoming increasingly common in a dynamic economic landscape.

At the same time, they are set to offer improved protection for employees, particularly those with shorter working hours who may have previously fallen outside the purview of certain employment benefits. 

The next step will now be the upcoming introduction of the Amendment Bill. 

Employers should anticipate and prepare for these changes, as they will soon form the legal bedrock of the employment landscape in Hong Kong.