A recent survey published last year by the Mental Health Association of Hong Kong revealed an alarming rise in mental health disorders, particularly among Hong Kong males and young people. The study, which surveyed 2,904 participants, found that young people aged 18 to 24 and men exhibited higher levels of depression, anxiety, and insomnia compared to other groups.
These findings are significant for employers in a city like Hong Kong, which is one of the most overworked cities in the world. Poor employee mental health can have significant negative impacts on employers, including increased absenteeism, reduced productivity, higher turnover rates, and potential reputational damage. These issues can also lead to financial losses through decreased profitability and increased costs associated with employee support and health insurance. It is against this backdrop that there have been calls to widen the scope of legal protections for employee mental health in Hong Kong. In the meantime, understanding the regulatory environment—and the practical ways to support employee mental health and well-being—can guide employers toward a healthier, more sustainable workplace culture.
The Legal Framework
There are no explicit provisions under Hong Kong law requiring
employers to protect the mental health or well-being of their
employees, however certain protections are available under various
ordinances. The Employment Ordinance covers statutory sick leave
and specifically prohibits employers from terminating an employee
on any sickness day for which statutory sickness allowance is
payable, except in cases of summary dismissal due to serious
misconduct. The protection from dismissal covers situations when an
employee is on statutory sick leave due to mental health issues
(such as anxiety and depression disorders).
- Under the Employees' Compensation Ordinance, workers can be compensated for an "injury by accident" that arises out of and in the course of employment. However, mental diseases typically emerge from a "continuous process" rather than an accident, and any injury that arises out of a "continuous process" is excluded from protection under the ECO. This practical limitation leaves many mental or stress-related harms outside the scope of the protection provided by the ECO.
- The Occupational Safety and Health Ordinance mandates that employers take reasonable care in safeguarding employees' health and safety in the workplace. The OSHO does not explicitly distinguish between physical and psychological health and safety, so it is conceivable that an employer's failure to address known stressors in the workplace could potentially be seen as a breach. To assist employers with complying with their obligations under the OSHO, the Labour Department has issued guidelines for employers (and employees) on the management of work stress.
- Under the Disability Discrimination Ordinance, "disability" is widely defined to include total or partial loss of mental function, and a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgement or that results in disturbed behaviour. Accordingly, if an employee's mental condition falls within this definition, employers must avoid discriminatory practices such as dismissing employees purely on the basis of their mental condition. Employers have a legal obligation to consider, and where reasonable, provide accommodation to employees or job applicants with disabilities, unless doing so would impose unjustifiable hardship. Failure to do so could constitute unlawful discrimination under the DDO. Discrimination claims, should they arise, can be time-consuming and damaging for both parties.
Under common law, employers owe a duty of care to employees to provide a safe system and place of work, and a failure to do so could give rise to a negligence claim. In Barber v Somerset County Council, [2004] UKHL 13, a landmark UK decision on this topic, the Court held that although employers are generally entitled to assume that their employees could withstand normal work pressures, when a particular employee shows signs of mental illness due to work-related stress, and the employer fails to make enquires about his/her problems and take steps to ease them, the employer may be found to be in breach of the duty to provide a safe system and place of work.
Building a Supportive Culture: Key Approaches
The importance placed on mental health in the workplace is
growing and is reflected in the growing number of employers
globally who have taken steps to invest in workplace well-being.
According to the World Health Organisation, in Asia Pacific
alone, investment in well-being has risen by 27% since 2020, with
50% of employers allocating 4% of their overall company and
benefits funding to well-being.
The Hong Kong government encourages employers to sign the Mental
Health Workplace Charter, which includes voluntary initiatives to
promote mental health in the workplace. Other practical measures
that employers can voluntarily take to improve mental well-being in
the workplace include:-
- Empowering Supervisors and HR with Training: HR managers who receive basic mental health literacy training are more likely to notice and address signs of employee distress. Short courses on "psychological first aid" or "stress management for supervisors" can help them distinguish between normal work pressure and more serious conditions requiring intervention.
- Providing Access to Professional Assistance: An Employee Assistance Program (EAP) or other partnerships with counselling providers allow staff to seek help confidentially. In Hong Kong, where cultural norms and stigmas often hinder help-seeking behaviours, being able to talk to a third-party professional outside of the workplace can be a deciding factor for those experiencing mental health challenges. Some employers may even subsidise part of the therapy cost, removing a financial barrier to getting help.
- Rethinking Workloads and Hours: This involves revisiting the employer's expectation about "face time" or after-hours availability. While demanding roles remain a reality in many sectors, scheduling guidelines—such as avoiding late-evening calls or placing a hard stop on weekend emails—can go a long way. A workplace culture that values rest and personal time can help to ease the intense pressure often experienced by employees.
- Cultivating Peer Support Networks: In the Mental Health Association survey, a majority of respondents indicated that they first turn to friends and family for help. Employers can build on that impulse by creating peer support circles or buddy systems, where employees can mentor colleagues in need. Such networks can also work with HR to organise mental well-being "check-up" sessions, group workshops, or lunchtime sharing activities.
- Evaluating Physical Space: Office design can also contribute to overall well-being. Poor lighting, excessive noise, or lack of privacy can exacerbate stress. Simple improvements, like creating quiet zones or break rooms, encourage quick but helpful respites during the day.
- Flexible working arrangements: Flexible work arrangements, if offered, should come with guidelines to prevent employees from feeling "always on." For instance, some businesses designate particular days as "meeting-free," ensuring staff have uninterrupted time for deeper tasks or recuperation.
Conclusion
Mental health cannot be an afterthought in Hong Kong's demanding work environment. By adhering to statutory protections, avoiding discriminatory practices, and adopting empathetic, practical measures, employers can support both their staff and their business objectives. Early intervention, clear policies, and a supportive culture are essential to fostering a healthy, sustainable workplace.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
