Hong Kong Probation Period 2027: Notice Periods, Rules and Your Rights

Quick Answer: Hong Kong law does not require a probation period, but if your contract has one, the Employment Ordinance sets the notice rules. In the first month of probation, either side can end the contract immediately with no notice or pay in lieu. After the first month, notice is whatever the contract says, but never less than 7 days. Most Hong Kong employers use a three-month probation, with six months common for senior and banking roles. Probation does not remove your statutory rights to wages, MPF, statutory holidays, sick leave or protection against certain dismissals.

Probation is where many expat hires feel most exposed. You have moved countries, your visa may depend on the job, and your contract says you can be let go with a week's notice. Knowing exactly what the law allows, and what it does not, takes most of the anxiety out of those first months.

This guide explains the probation rules under Hong Kong's Employment Ordinance (Cap. 57) as they apply in 2027, including the continuous contract changes that took effect in January 2026, the 15 statutory holidays for 2027, and what probation means for visa holders.

What has changed for 2026 and 2027

• The "468" rule replaced the "418" rule on 18 January 2026. You are now under a "continuous contract" if you have worked for the same employer for four weeks or more and either work at least 17 hours a week, or at least 68 hours across a four-week period. Before, you needed 18 hours every week. This mostly affects part-time staff, but continuous contract status is what unlocks most statutory benefits, including during probation. (Labour Department, via 1823)
• Statutory holidays rose to 15 in 2026 and stay at 15 in 2027. Easter Monday became a statutory holiday from 2026. Good Friday is added from 2028 (16 days) and the day following Good Friday from 2030 (17 days). (Labour Department)
• The MPF offsetting arrangement was abolished from 1 May 2025. Employers can no longer use their mandatory MPF contributions to reduce severance or long service payments for employment after that date. This rarely matters during probation, but it matters if your probation is converted into a long-term role.

How long is a probation period in Hong Kong?

There is no legal minimum or maximum. The length is whatever your contract says. In practice, three months is the Hong Kong norm, and many employers avoid going beyond six months because long probations invite disputes.

If your contract says nothing about probation, you are not on probation. The standard notice rules for a continuous contract apply from day one.

Notice rules during probation

The Employment Ordinance sets two phases: the first month, where either side can walk away immediately, and the rest of the probation period, where the contract governs but there is a 7-day floor.

Payment in lieu of notice means the employer (or you) can pay instead of working the notice period. For notice expressed in days, it is your average daily wage over the previous 12 months (or your period of employment, if shorter) multiplied by the days of notice. For notice in months, it is your average monthly wage multiplied by the number of months.

Summary dismissal is the exception to all of the above. An employer can dismiss without notice or pay in lieu, at any point, for serious misconduct such as wilful disobedience of lawful orders, fraud, dishonesty or habitual neglect of duties. Poor performance alone is not serious misconduct.

Worked example: You start on 1 March 2027 with a three-month probation and a contract stating "7 days' notice during probation, one month thereafter".

1. If either side ends the contract on or before 31 March, no notice is needed.
2. From 1 April to 31 May, either side must give 7 days' notice or 7 days' pay in lieu.
3. From 1 June, one month's notice applies.

Resigning during probation

The same notice rules apply to you as to your employer. In the first month you can leave immediately. After that, you give the notice in your contract (at least 7 days) or pay the employer in lieu.

Things to settle when you resign during probation:

• Final wages: all outstanding wages must be paid as soon as practicable and no later than 7 days after termination.
• Accrued annual leave: if you have been employed for three months or more, you are entitled to pay for pro rata annual leave, unless you were summarily dismissed.
• Year-end payment (13th month): pro rata entitlement depends on your contract and on the Ordinance's conditions. Leaving during a short probation often means no pro rata 13th month, so check before you set your last day.
• Sign-on bonus or relocation clawback: many expat contracts require you to repay relocation costs or a sign-on bonus if you leave within 12 months. These are contractual, not statutory, so read the clause.
• Your visa: see "Probation and your work visa" below before you resign.

Your rights during probation

Probation changes the notice period. It does not switch off the Employment Ordinance. Your statutory entitlements depend on continuous contract status and length of service, not on whether you are still on probation.

Statutory holidays during probation

Every employee covered by the Employment Ordinance gets the statutory holidays, whatever their length of service. What changes during probation is pay: you are entitled to holiday pay only if you have been employed under a continuous contract for at least three months immediately before the holiday. Your employer also cannot pay you cash instead of giving you the holiday. (Labour Department)

The 15 statutory holidays for 2027 are: 1 January, 6 February, 8 February, 9 February (Lunar New Year, with the fourth day substituting for the second day, which falls on a Sunday), 29 March (Easter Monday), 5 April, 1 May, 13 May, 9 June, 1 July, 16 September, 1 October, 8 October, 22 December or 25 December (at the employer's option), and 27 December. (Labour Department) See our full Hong Kong public holidays 2027 page for the difference between general and statutory holidays.

Example: If you start on 15 January 2027, you are entitled to the Lunar New Year statutory holidays in February, but your employer is not legally required to pay for them because you have not yet completed three months. Many office employers pay anyway, so check your contract.

Sick leave during probation

You accumulate 2 paid sickness days for each completed month in your first 12 months, and 4 per month after that, up to 120 days. Sickness allowance is 4/5 of your average daily wages and is generally payable for sick leave of at least 4 consecutive days backed by a medical certificate. Many employers offer better contractual sick leave, including for single days.

An employer cannot dismiss you on a day you are taking paid sickness leave, except for serious misconduct, even during probation.

MPF during probation

If you are 18 to 64 and employed for 60 days or more, your employer must enrol you in an MPF scheme within your first 60 days. Employer contributions (5% of relevant income, capped at HK$1,500 a month) apply from your first day. Your own 5% starts after your first 30 days. If your employment ends before 60 days, MPF generally does not apply.

Some nationals on short assignments may be exempt if they are covered by a home-country scheme. Ask HR in your first week.

Annual leave during probation

Statutory paid annual leave starts at 7 days after each 12 months of service, rising by one day a year from the third year to a maximum of 14. Contracts for professional roles in Hong Kong commonly offer 12 to 20 days or more, but many employers still do not let you take leave until probation ends. That is a contractual restriction and is legal. If you leave after three months or more, you are paid for pro rata leave you did not take.

Dismissals that are illegal even during probation

Probation makes dismissal easier. It does not make every dismissal lawful. Under Hong Kong law, an employer generally cannot dismiss you:

• Because you are pregnant. Once you have served notice of pregnancy, dismissal is an offence until the end of maternity leave, except for serious misconduct. There is one narrow exception: if probation was expressly agreed, an employer may dismiss during a probation period of not more than 12 weeks for reasons other than the pregnancy. Dismissing because of the pregnancy is still unlawful. (Labour Department, Chapter 6)
• While you are on paid sick leave, except for serious misconduct.
• Because of a work injury before compensation is settled.
• Because you gave evidence or information in proceedings or inquiries under the labour laws.
• Because of trade union membership or activity.
• On discriminatory grounds under the Sex, Disability, Family Status or Race Discrimination Ordinances. These apply from the recruitment stage onwards, so probation is no defence.

If you think you were dismissed unlawfully, contact the Labour Department's Labour Relations Division for free conciliation, or the Equal Opportunities Commission for discrimination complaints.

Can an employer extend probation in Hong Kong?

Yes, but only if the contract allows it or you agree. The Employment Ordinance does not regulate probation extensions, so this is a contract question. An extension should be confirmed in writing before the original probation ends, with the new end date and the reasons.

If your employer lets probation expire without saying anything, you should generally be treated as having passed, and the post-probation notice period applies. If your contract requires written confirmation of passing probation, ask for it.

If you are offered an extension: ask for specific, measurable goals and a review date. An extension with clear targets is often a genuine second chance. A vague extension is a warning sign, so it is worth quietly restarting your job search.

Probation and your work visa

For expats on an employer-sponsored work visa (General Employment Policy), your permission to work is tied to that employer. Losing the job during probation does not automatically cancel your visa on the same day, but it does change your position.

• You cannot work for anyone else until the Immigration Department approves a change of employment for your new employer.
• Your permitted stay may be shortened. The Immigration Department can adjust your limit of stay when the sponsored employment ends. Contact it promptly rather than assuming you can stay until the date on your visa label.
• Dependants are affected too. A spouse or children on dependant visas rely on your status.
• Talent scheme and dependant visa holders are more flexible. If you hold a Top Talent Pass, IANG, dependant visa or permanent residency, you are not tied to one employer and can move jobs without a new sponsorship.

If you are relocating for a new role, keep enough savings to cover at least two to three months of rent and costs in case probation does not work out. See our Hong Kong work visa guide for details on changing employers.

Frequently asked questions

What is the notice period during probation in Hong Kong?

In the first month of probation, no notice or payment in lieu is required by either side. After the first month and until probation ends, the notice is whatever your contract states, but it cannot be less than 7 days. If the contract is silent, the minimum is 7 days.

How long is probation in Hong Kong?

There is no legal limit. Three months is the most common probation period in Hong Kong. Senior roles and banks often use six months, and international schools may tie probation to a school term or the first year. Anything longer than six months is unusual and worth questioning before you sign.

Can I quit during probation in Hong Kong?

Yes. In your first month of probation you can resign with immediate effect and no payment in lieu. After the first month, you must give the notice stated in your contract, at least 7 days, or pay your employer wages in lieu. Check any relocation or sign-on bonus clawback clauses first.

Can I be fired during probation in Hong Kong without reason?

Generally yes, as long as the employer gives the required notice (none in the first month, at least 7 days after that). However, dismissal is unlawful if it is because of pregnancy, discrimination, union activity or a work injury, or if you are on paid sick leave. Serious misconduct allows dismissal without notice at any time.

Do I get paid for public holidays during probation?

You get all statutory holidays from day one, but statutory holiday pay is only required once you have worked for the employer under a continuous contract for at least three months before the holiday. Many office employers pay for holidays from the start anyway. General holidays that are not statutory holidays depend on your contract.

Can I take annual leave during probation in Hong Kong?

The law does not give you paid annual leave until you complete 12 months of service, so employers can restrict leave during probation. Many contracts give more generous leave and allow it after probation. If you leave after three months or more, you are entitled to pay for pro rata annual leave.

Does MPF apply during probation?

Yes, if your employment lasts 60 days or more. Your employer must enrol you within the first 60 days and contributes from your first day of employment. Your own mandatory 5% contribution starts after your first 30 days. Both contributions are capped at HK$1,500 a month.

Can my employer extend my probation?

Only if your contract allows it or you agree. Hong Kong's Employment Ordinance does not regulate extensions, so the terms come from your contract. Any extension should be confirmed in writing before the original probation ends, ideally with clear goals and a new review date.

What is the 468 rule and does it affect probation?

Since 18 January 2026, you are on a continuous contract if you have worked for the same employer for four weeks or more and worked either at least 17 hours in each week or at least 68 hours over four weeks. Most full-time staff already qualify. It matters mainly for part-time workers, whose statutory benefits during and after probation now start more easily.

Key takeaways

• Probation is optional in Hong Kong. If your contract does not mention it, you are not on probation.
• First month: no notice needed by either side. After that: at least 7 days, or more if the contract says so.
• Probation does not remove statutory holidays, MPF, sick leave or protection against pregnancy, sickness and discriminatory dismissals.
• Statutory holiday pay starts after three months. There are 15 statutory holidays in 2027.
• Extensions must be agreed or allowed by contract, and should be in writing.
• Visa holders sponsored by their employer should plan for what happens if probation fails.

This guide is general information, not legal advice. For your situation, contact the Labour Department (Labour Relations Division) or an employment lawyer.

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