What is the "468" Continuous Contract? Differences Between the Old and New Systems
Hong Kong's labour laws are undergoing a major revision! The "Continuous Contract" regulation, commonly known as "418," has been replaced by the new "468" rule. This amendment aims to expand protection for employees, particularly part-time staff, casual workers, and temporary workers with unstable working hours.
According to the new regulations applicable from January 18, 2026, an employee is considered to be employed under a "Continuous Contract" and entitled to full statutory employment benefits if they meet the following conditions:
- Continuous Employment Period: Employed by the same employer for 4 weeks or more; AND
- Working Hours Requirement (Choose one of two):
- Work at least 17 hours per week; OR
- Total working hours of not less than 68 hours in 4 weeks (the "468 Rule").
418 vs. 468 Comparison Table
| Item | Old System (418) | New System (468) |
|---|---|---|
| Effective Date | Before Jan 18, 2026 | Applicable from Jan 18, 2026 |
| Weekly Hours Requirement | Must work 18 hours per week | Reduced to 17 hours per week |
| Total Hours Calculation | None | Added Total of 68 hours in 4 weeks |
| Flexibility | Lower; contract breaks if single week is insufficient | Higher; allows long and short weeks to offset each other |
How to Calculate 468? Practical Examples
The biggest concern for many employers and employees is: "How exactly do I qualify for 468?"
The biggest advantage of "468" lies in the calculation of total working hours. Even if your working hours in a specific week are less than 17 hours, as long as the total working hours for that week combined with the previous three weeks (a total of 4 weeks) reach 68 hours, you still qualify for a continuous contract.
Calculation Example:
Assume a part-time employee has the following working hours over 4 consecutive weeks:
- Week 1: 40 hours
- Week 2: 30 hours
- Week 3: 20 hours
- Week 4: 16 hours (Would break the contract under the old system)
Result Analysis:
- Old System (418): Week 4 is less than 18 hours, so it is not considered a continuous contract.
- New System (468): Total hours for 4 weeks = 40 + 30 + 20 + 16 = 106 hours.
- Since 106 hours > 68 hours, it qualifies as a "468" continuous contract.
Note: The "468 Rule" (aggregating hours) does not apply to the first three weeks of new employment. For the first three weeks of a new job, the employee must still meet the requirement of working at least 17 hours per week.
What Benefits Do I Get After Qualifying for 468?
Once you qualify for a "468 Continuous Contract," whether you are a full-time, part-time, or temporary worker, you are entitled to statutory rights under the Employment Ordinance, including but not limited to:
- Paid Annual Leave: After serving for 12 months, entitled to 7 days of paid annual leave in the first year, increasing progressively to 14 days with years of service.
- Statutory Holiday Pay: Employers must pay full wages for statutory holidays (e.g., Lunar New Year, Ching Ming Festival, etc.).
- Sickness Allowance (Paid Sick Leave): Eligible employees can accumulate 2 paid sickness days per month, up to a maximum of 120 days (medical certificate required).
- Rest Days: At least one rest day in every period of 7 days.
- Maternity & Paternity Leave: Maternity leave for female employees and paternity leave for male employees.
- Severance Payment / Long Service Payment: Applicable if employed continuously for 2 years or more and meeting specific conditions.
Frequently Asked Questions (FAQ)
Q1: When does the new law take effect?
A: The new amendment was gazetted on December 28, 2025, and after a transitional period, it officially becomes applicable from January 18, 2026.
Q2: Does the new law have retrospective effect?
A: No. Employment periods before January 18, 2026, are still calculated under the old system (418).
Q3: What if my employer does not acknowledge my 468 status?
A: According to the law, if there is a dispute regarding whether an employment contract is a continuous contract, the burden of proof lies with the employer to prove that the contract is not a continuous contract.
