In Hong Kong, the notice period is whatever the employment contract says, but on a continuous contract it cannot be less than 7 days once the first month of probation has passed. Where a continuous contract says nothing and probation is over (or there was none), the Labour Department's guidance is not less than one month, and either side may pay wages in lieu of notice instead.
The rule by situation
This table follows the Labour Department's Concise Guide to the Employment Ordinance, chapter 9, and the government's 1823 FAQ (last review 1 September 2025). Chapter 9 says a contract "may be terminated by the employer or employee through giving the other party due notice or payment in lieu of notice", so the same rule applies whoever ends it.
| Situation | Notice the guide states |
|---|---|
| Within the first month of probation | "not required" (and no payment in lieu) |
| After the first month of probation, contract states the notice | "as per agreement, but not less than 7 days" |
| After the first month of probation, contract is silent | "not less than 7 days" |
| Continuous contract with no probation, or after probation, contract states the notice | "as per agreement, but not less than 7 days" |
| Continuous contract with no probation, or after probation, contract is silent | "not less than 1 month" |
| Non-continuous contract, no probation or after probation | "the agreed period" |
"Continuous contract" is a defined term in the Employment Ordinance. Check the Labour Department's guide for whether yours qualifies.
Payment in lieu of notice
Chapter 9 sets out how the payment is worked out:
- Notice in days or weeks: the average daily wages over the 12 months before notice is given, times the number of days in the notice period for which wages would normally be paid.
- Notice in months: the average monthly wages over the same 12 months, times the number of months of notice.
- No notice given: use the 12 months before "the day when the contract is terminated".
Both the guide and the 1823 FAQ say unpaid or part-paid periods are left out of the average, together with the money paid for them. These include rest days, statutory holidays, annual leave, sick days, maternity and paternity leave, and agreed leave.
The 1823 FAQ also explains how a month of notice is counted. The day notice is given counts, and a month runs to the end of the day before the same date in the next month. Notice given on 13 February, for example, runs to 12 March.
What notice looks like in practice
The law sets minimums. Many contracts agree longer periods. Michael Page's Hong Kong site, a recruiter and so a secondary source, wrote in February 2019 that "Your notice period can range between one to three months." The article presents this as general guidance and does not say it is a Hong Kong figure.
If you are the candidate
Read the notice clause in your contract before you answer "when can you start?". Count from the day you would actually hand in notice, not from today.
You can leave sooner by paying in lieu. Chapter 9 lets either side end the contract with payment in lieu instead of working the notice, worked out on your 12-month average wages.
Check your year-end payment before you resign. Chapter 8 of the guide says a pro-rata end-of-year payment is due to someone employed for at least three months in the payment period who either "continues to be employed after the expiry of the payment period" or is dismissed (except summary dismissal for serious misconduct). Resigning before the payment period ends is not one of the listed cases. If the contract names no payment period, chapter 8 says it is "a lunar year".
If you are the employer
Ask about notice early, and ask when the candidate's year-end payment falls. Resigning before the payment period ends is not one of the cases chapter 8 lists for a pro-rata share, so that date can affect when a candidate is willing to resign.
Write the notice period into your own contracts. On a continuous contract, an agreed period under 7 days after the first month of probation does not meet the minimum in chapter 9. A non-continuous contract follows the agreed period.
If you need someone sooner, the two routes in the guide are the candidate serving their notice or paying in lieu of it.
How Singapore compares
Singapore also lets the contract set the notice period. MOM's termination-with-notice page (last updated 22 April 2026) says it must be "As agreed according to the employment contract" and "The same for the employer and employee", and notice must be given in writing. Where the contract does not specify a period, MOM sets it by length of service:
| Length of service | Notice in Singapore if the contract is silent (MOM) | Hong Kong if the contract is silent, continuous contract after probation (Labour Department) |
|---|---|---|
| Less than 26 weeks | 1 day | Not less than 1 month |
| 26 weeks to less than 2 years | 1 week | Not less than 1 month |
| 2 years to less than 5 years | 2 weeks | Not less than 1 month |
| 5 years or more | 4 weeks | Not less than 1 month |
MOM's page also says an employee may pay "salary in lieu of notice", that "Notice can be waived by mutual consent", and that "CPF contributions are not required for salary in lieu of notice."
This page does not cover mainland China.
How ROUND.1 handles this
ROUND.1 asks each candidate "How soon could you realistically start?", with the options Immediately, 2 weeks, 1 month, 2–3 months and More than 3 months. It also asks "Where can you already work without needing a visa? Pick all that apply."
When a company uploads its own candidate to a marketplace role, the candidate answers the same questions, and the company sees the notice period and the visa-sponsorship answer on that candidate's report. Answers from candidates in the ROUND.1 pool are used for matching and are not shown on a company screen.
When a hire is recorded, the candidate states their own start date on the introduction.
This is general information, not legal advice; check the official source for your case.
Sources (5)
- MOM (Singapore) — Termination with notice (last updated 22 April 2026)accessed 2026-10-13
