Hiring employees is essential to a business, so as an employer, you must be aware of the requirements and process of hiring an employee.
Who you can hire
You should comply with the guidelines issued by the government to avoid discrimination in the workplace. Employers should hire people based on their abilities, aptitude and knowledge and should not turn down people just because of their gender, disability, family status, race or age.
You can employ anyone aged 15 or above, however, young persons (15-18 years old) employed in industrial undertakings are subject to working hour regulations according to the Employment Ordinance.
You can employ students and foreign workers (subject to VISA requirements) too.
Employment rules
The Employment Ordinance states the relevant rights and benefits offered to all employees. For example, those who are working under a continuous contract of employment are entitled to benefits such as maternity leave and annual sickness days.
The Minimum Wage Ordinance states that employers must pay employees at least a minimum wage (which is HK$37.5/ hour in 2021).
The employment rules apply to all employees, but they may not apply to independent contractors or the self-employed.
Paperwork requirements
There are 4 documents you will require to hire an employee in Hong Kong, including:
| Paperwork | When it should be completed | What you must do |
| Employment contract | Before the date of commencement of an employment contract | An employment contract, preferably written, should be agreed by both parties.It must include the wage, wage period, termination notice period and any end of year payment. |
| Insurance | Purchase insurance for your employee(s). | |
| MPF | Within 60 days of employment | Enrol your employee into an MPF scheme On the 10th day of this month, make your first MPF contribution to the employee |
| Tax | Within 3 months of commencement | Fill in the taxation form to the Inland Revenue Department |