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The Legislative Council passed the Employment (Amendment) Bill 2025 on 18 June 2025, thereby revising the “continuous contract” requirement under the Employment Ordinance.

The new “continuous contract” requirement will be effective from 18 January 2026 onwards. Under the revised requirement, an employee who works an aggregate of 68 hours over a rolling four-week period will be deemed to be employed under a “continuous contract”.

This amendment will allow more employees to enjoy the benefits offered under the Employment Ordinance, as the existing eligibility criteria for employees to enjoy various statutory benefits will remain unchanged. Employees who meet the current “continuous contract” requirement (i.e. at least 18 hours worked in each week over a four-week period) will not be affected by this revision.

Employers should take prompt action to see whether the revised “continuous contract” requirement would affect its budget and rostering arrangements.

WRITTEN BY

For further information, please contact:

Cynthia Chung – Deacons,
cynthia.chung@deacons.com.hk

Cynthia Chung – Deacons

Cynthia Chung - Deacons. Expert in HR, pensions, and employment law, Cynthia advises on contracts, disputes, restructuring, workplace investigations, and retirement schemes. Recognized as a top lawyer in Asia.

Cynthia heads up the HR and Pensions practice and is also the co-head of Corporate Commercial of the Firm.

She has considerable experience in all labour-related matters (both contentious and non-contentious) and obtaining employment visas for expatriates and their families. She also advises on occupational retirement schemes and the Mandatory Provident Fund (MPF) and data privacy issues. Cynthia is also experienced in the setting up and advising on on-going requirements of companies limited by guarantee e.g. private clubs and non-profit organisations.

Cynthia is widely recognised in the market and has continued to build on this success by receiving numerous accolades. She has been honored as a “Hall of Fame” in Labour and Employment since 2021 and as a “Leading Individual” since 2018 by Legal 500 Asia Pacific. Additionally, she has highly ranked as a Band 1 Employment Lawyer in Chambers Greater China since 2022.

Highlights
Cynthia regularly advises employers on drafting of employment contracts, reviewing employment related policies and handbooks, drafting of benefit compensation plans, advising on employment disputes, discrimination issues and privacy issues.

She frequently acts for employers in defending discrimination claims and claims in the Labor Tribunal. Other highlights include advising on employee restructuring in a major MNC and conducting investigations in whistleblowing claims by employees. Cynthia is also a rare find in the market who is well-versed with employment aspects in commercial transactions and M&A deals.

Cynthia also regularly advises on implementation of share plans offered by Offshore companies to their subsidiaries in Hong Kong.

In addition, Cynthia has extensive experience in workplace investigations. From handling cases of employee misconduct, harassment, and bullying to fraud, theft, and dishonesty while safeguarding the rights and interests of all parties involved.

She regularly conducts employee trainings to staff e.g. on employment law updates, workplace ethics, data privacy and related issues.

Cynthia also regularly advises employers, trustees and administrators on ORSO retirement scheme documentation and restructuring. She recently assisted a large bank to set up an ORSO successor scheme.

 

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