1.How long must a helper function before he/she is able to take pleasure in the statutory holidays in 12 months?
All international domestic helpers, regardless of the length of theirs of providers, are permitted to the following twelve statutory holidays in 12 months –
The very first day of January
Lunar New Years Day
The next morning of Lunar New Year
The 3rd working day of Lunar New Year
Ching Ming Festival
The very first day of May
Tuen Ng Festival
The morning after Chinese Mid Autumn Festival
Chung Yeung Festival
Chinese Winter Solstice Festival or perhaps Christmas Day (at the choice of the employer)
The very first day of July
The very first day of October In case the assistant has worked constantly because of the employer for 3 weeks preceding these holidays, he/she is permitted to the vacation pay.
2.How numerous days of yearly leave must be provided to a helper in a year?
A helper is permitted to paid yearly leave after helping each time of twelve moths with the identical employer. The helpers entitlement to given yearly leave is going to increase progressively from 7 days to an optimum of fourteen days based on the measurements of service as follows:
One year of program – Helper is permitted to seven days given annual leave.
Two years of program – Helper is permitted to seven days given annual leave.
Three years of program – Helper is permitted to eight days paid annual leave.
Four years of program – Helper is permitted to nine days paid annual leave.
Five years of program – Helper is permitted to ten days paid annual leave.
Six yrs of program – Helper is permitted to eleven days paid annual leave.
Seven yrs of program – Helper is permitted to twelve days paid annual leave.
Eight yrs of program – Helper is permitted to thirteen days paid annual leave.
Nine years of service and previously mentioned – Helper is permitted to fourteen days given annual leave.
3.Who establishes the timing of yearly leave used by a helper?
A helper shall take the paid yearly leave to that he/she is entitled within the next twelve weeks at a moment appointed through the employer after session with the helper, established by a written notice to the helper at least fourteen days in advance.
4.Should annual leave consist of statutory holidays and rest days?
No. Any rest day or maybe statutory holiday falling inside the period of yearly leave will be counted as yearly leave. Another rest day or even vacation has to be appointed.
5.Should vacation leave be given besides annual leave? Can it be settled or even unpaid?
Vacation leave of not under 7 days must be given besides the helpers entitled yearly leave. Nevertheless, whether this particular getaway leave shal be paid and unpaid would rely on the phrase agreed in Clause thirteen of the regular work contract.
6.Can an employer compel his/her assistant to draw zero pay leave once the employer is heading aboard?
The plan of snapping no pay go out of shall be of mutual consent to each people. The employer shan’t unilaterally force such leave on his/her assistant.
7.What types of leave are foreign household helpers permitted to underneath the Employment Ordinance?
Under the Employment Ordinance, international domestic helpers are permitted to the following leave:
Paid yearly leave If equally get-togethers get into straight into a re engagement contract, the helper shall, before the new agreement commences, return to his/her nation of origin at the expense of the employer for a holiday of not less than 7 days based on the regular employment contract.
Leave pay and also whether leave are given is a common reason for dispute between a helper and an employer. Leave and also payment records must be held correctly to stay away from later disputes.
8.How can I appoint sleep day to my helper?
You need to supply the helper of yours a minimum of 1 rest day in each and every time of 7 times. A rest day is a consistent period of not under twenty four hours.
Rest days or weeks shall be appointed by you and also might be given on a standard or perhaps an abnormal basis.Unless the remaining days are on a routine basis, you need to notify the assistant his/her rest days prior to the start of every month.
9.Can I ask the helper of mine to focus on his/her rest day?
No. Except in unexpected crisis, you shan’t need the helper of yours to focus on his/her sleep day. An employer who compels the helper to work on a rest day would be in breach on the Employment Ordinance.
You might however, using the consent of the helper of yours, substitute other morning just for the appointed sleep day. The substituted rest day have to be given within the very same month and before the first rest day and within thirty many days after it.
10.Can I ask the helper of mine to do duties after he/she returns house on his/her rest morning?
You shouldn’t compel the helper of yours to do duties on his/her rest many days. Nevertheless, he/she might work voluntarily on his/her sleep days.
11.Can I need the helper of mine to focus on statutory holidays?
Indeed, but you’ve to make him/her:
not less than forty eight hours prior see; and also an alternative holiday within sixty times before or perhaps after the statutory vacations.
12.Can I ask the helper of mine to lose a statutory holiday in return for additional wages with his/her consent?
No. You mustn’t make some type of payment to the helper of yours in lieu of giving statutory vacation. An employer that contravenes this provision is likely to prosecution as well as, upon conviction, to a facial of HK$50,000.
13.If a statutory vacation goes down on my aids sleep working day, can it be necessary for me to grant him/her an additional holiday?
Yes. In case statutory holiday falls for an others day, a holiday must be given on the day following the rest day which isn’t a statutory holiday.
14.How can I grant annual leave to the helper of mine on termination or completion of employment contract??
When the employment contract is terminated, the helper of yours must receive transaction in lieu of any yearly leave not even had in regard of every twelve weeks completed service. For more that 3 but somewhat less than twelve weeks products in each and every time of twelve weeks, your assistant is permitted to pro rata annual leave pay in case the employment agreement is terminated besides because of the main reason of summary dismissal as a result of his/her severe misconduct.
For instance, If your assistant resigned or was dismissed after serving eighteen months of services as well as he/she had not even taken any yearly leave, he / she must be provided payment in lieu of yearly leave for the first twelve completed weeks of service (i.e. seven days), and the pro rata amount in lieu of yearly leave pay estimated on the days of employment (i.e. seven times 3.5 times = 10.5 times). Nevertheless, in case your helper is summarily dismissed because of his/her serious misconduct after serving eighteen months, he/she would simply be permitted to transaction in lieu of yearly leave for his/her first twelve weeks of service, i.e. seven days.