Every domestic helper in Hong Kong is entitled to at least one rest day per every 7-day period under the Employment Ordinance. Rest days cannot be averaged across weeks. If a helper works on her rest day, the employer must compensate her with an alternative rest day or payment — both options require the helper's consent.
1 per week
Mandatory Rest Days
52+ days
Minimum Rest Days Per Year
HK$50,000
Max Fine Per Violation
What Is a Rest Day for Domestic Helpers?
Under Section 17 of the Employment Ordinance (Cap. 57), a rest day is a continuous period of not less than 24 hours during which the employee is entitled to abstain from working for the employer. For domestic helpers in Hong Kong, this means a minimum of one full 24-hour rest day in every 7-day rolling period.
⚠️ The '7-day rolling rule': Rest days cannot be averaged. You cannot give a helper 2 rest days in one week and then no rest day in the next week to 'average out'. Each 7-day period must have at least one rest day. Violation is a criminal offence.
Which Day Is the Rest Day?
The Standard Employment Contract (ID407) requires the employer and helper to agree on which day of the week is the rest day. This is typically Sunday in Hong Kong. Once agreed, the rest day cannot be changed unilaterally by the employer. Any change requires the helper's written consent and a contract variation.
Can a Helper Work on Her Rest Day?
A helper cannot be required to work on her rest day. If the employer genuinely needs the helper to work on a rest day (e.g. a family emergency or special event), this can only happen with the helper's agreement. Working on a rest day must be compensated.
Compensation Options If Helper Works on Rest Day
- Option 1 — Alternative rest day: Give a substitute rest day within the same pay period (or within 30 days in some circumstances). This is the most common arrangement.
- Option 2 — Cash payment: Pay the helper her daily wage for the rest day worked, in addition to her normal wages. This requires the helper's consent.
- Note: The employer chooses which compensation option to offer, but cannot force the helper to work without offering one of these.
Rest Day vs Public Holiday: The Difference
Rest days and statutory holidays are different entitlements. Rest days are a rolling weekly entitlement under the Employment Ordinance. Statutory holidays (17 per year) are a separate, annual entitlement. If a statutory holiday falls on the helper's rest day, the holiday is not cancelled — the employer must give a substitute holiday on another day.
| Feature | Rest Day | Statutory Holiday |
|---|---|---|
| Frequency | At least 1 per every 7 days | 17 fixed days per year |
| Legal source | Employment Ordinance s.17 | Employment Ordinance Schedule 3 |
| If working on the day | Compensatory rest day or pay | Alternative day + compensation |
| Can be averaged? | No — 7-day rolling rule | No — fixed calendar dates |
| If it falls on Sunday? | N/A (can be any day) | Must be rescheduled |
What Happens If You Don't Give Rest Days?
Failing to provide the statutory rest day entitlement is a criminal offence under the Employment Ordinance. Penalties include fines of up to HK$50,000 per violation on summary conviction. The helper may also bring a claim to the Labour Tribunal for compensation for all missed rest days during the employment period.
Special Rest Day Rules in the Standard FDH Contract
The Standard Employment Contract (ID407) issued by the Immigration Department includes specific provisions about rest days. Notably, the contract states that the helper is entitled to one rest day per week and that the day shall be agreed between employer and helper. The contract also requires that rest days not be converted into overtime or work arrangements without proper compensation.
Frequently Asked Questions: Rest Days for Domestic Helpers
Can I change the helper's rest day from Sunday to another day?
Yes, but only with the helper's written agreement. The rest day is specified in the employment contract (ID407). Changing it unilaterally (without the helper's consent) is a breach of contract. If both parties agree in writing to change the rest day, the contract should be amended accordingly.
Does the rest day have to be a full 24-hour period?
Yes. The Employment Ordinance specifies that a rest day is a continuous period of not less than 24 hours. Giving a helper a 'half day off' does not satisfy the statutory rest day requirement. The 24 hours must be continuous — you cannot split it across two partial days.
Can a live-in helper be on call during her rest day?
Being 'on call' during a rest day — where the helper is expected to respond to household needs — may be treated as working on the rest day, particularly if she is regularly called upon. Rest days must be genuine periods of abstention from work. Requiring a helper to be available for household duties during her rest day undermines its statutory purpose and creates legal risk for the employer.
What if a helper does not want a rest day and prefers to work?
Even if the helper volunteers to waive her rest day, the Employment Ordinance does not allow the statutory rest day entitlement to be contractually waived. An agreement to forgo rest days is void under Hong Kong law. You must still ensure she receives at least one rest day per 7-day period and compensation if she works on it.
Does the helper get paid for her rest day?
Rest days are paid days off — the helper's monthly salary includes rest days. You do not pay extra for rest days taken normally. The monthly wage (minimum HK$5,100 MAW) covers all rest days within the month. Extra payment only arises if the helper works on a rest day and you compensate her with cash rather than an alternative day off.
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