| For both employer and helper |
| Q4.1 |
What kinds of leave are foreign domestic helpers entitled to
under the Employment Ordinance? |
| A |
- Under the Employment Ordinance, foreign
domestic helpers are entitled to the following leave:
- Rest days;
- Statutory holidays; and
- Paid annual leave.
- If both parties enter into a re-engagement contract, the helper
shall, before the new contract commences, return to his/her country
of origin at the expense of the employer for a vacation of not less
than seven days according to the standard employment contract.
- Leave pay and whether leave have been granted is a common cause
of dispute between an employer and a helper. Leave and payment
records should be kept properly to avoid future disputes.
|
| REST DAYS
For employer |
| Q4.2 |
How should I appoint rest day to my helper? |
| A |
- You should provide your helper at least one
rest day in every period of seven days. A rest day is a
continuous period of not less than 24 hours.
- Rest days shall be appointed by you and may be granted on a
regular or an irregular basis. Unless the rest days are on a
regular basis, you should notify the helper his/her rest days
before the beginning of each month.
|
| Q4.3 |
Can I ask my helper to work on his/her rest day? |
| A |
- No. Except in unforeseen emergency, you
shall not require your helper to work on his/her rest day. An
employer who compels the helper to work on a rest day is in
breach of the Employment Ordinance.
- You may however, with the consent of your helper, substitute
some other day for the appointed rest day. The substituted rest
day must be granted within the same month and before the
original rest day or within 30 days after it.
|
| Q4.4 |
Can I ask my helper to perform duties after he/she returns
home on his/ her rest day? |
| A |
You should not compel your helper to perform duties on his/her
rest days. However, he/she may work voluntarily on his/her rest
days. |
| STATUTORY HOLIDAYS
For
both employer and helper |
| Q4.5 |
How long should a helper work before he/she can enjoy the
statutory holidays in a year? |
| A |
- All foreign domestic helpers, irrespective
of their length of services, are entitled to the following 12
statutory holidays in a year -
- The first day of January;
- Lunar New Year's Day;
- The second day of Lunar New Year;
- The third day of Lunar New Year;
- Ching Ming Festival;
- The first day of May;
- Tuen Ng Festival;
- The day following the Chinese Mid-Autumn Festival;
- Chung Yeung Festival;
- Chinese Winter Solstice Festival or Christmas Day (at the option
of the employer);
- The first day of July; and
- The first day of October.
- If the helper has worked continuously for the employer for three
months preceding any of these holidays, he/she is entitled to the
holiday pay.
|
| For employer |
| Q4.6 |
Can I require my helper to work on statutory holidays? |
| A |
- Yes, but you have to give him/her:
- not less than 48 hours' prior notice; and
- an alternative holiday within 60 days before or after the
statutory holidays.
|
| Q4.7 |
Can I ask my helper to forfeit a statutory holiday in
exchange for extra wages with his/her consent? |
| A |
No. You must not make any form of payment to your helper in lieu
of granting statutory holiday.
An employer who contravenes this provision is liable to
prosecution and, upon conviction, to a fine of HK$50,000. |
| Q4.8 |
If a statutory holiday falls on my helper's rest day, is it
obligatory for me to grant him/her another holiday? |
| A |
Yes. If the statutory holiday falls on a rest day, a holiday
should be granted on the day following the rest day which is not a
statutory holiday. |
| ANNUAL LEAVE AND VACATION LEAVE
For both employer and helper |
| Q4.9 |
How many days of annual leave should be given to a helper in
a year ? |
| A |
A helper is entitled to paid annual leave after serving every
period of 12 months with the same employer. The helper's entitlement
to paid annual leave will increase progressively from seven days to
a maximum of 14 days according to the length of service as follows:
| Years of Service |
Number of days of paid annual
leave for a leave year |
| 1 |
7 |
| 2 |
7 |
| 3 |
8 |
| 4 |
9 |
| 5 |
10 |
| 6 |
11 |
| 7 |
12 |
| 8 |
13 |
| 9 & above |
14 | |
For example, a helper is entitled to nine days of annual
leave after he/she has completed the second two-year contract with
his/her employer. |
| Q4.10 |
Who determines the timing of annual leave taken by a helper? |
| A |
A helper shall take the paid annual leave to which he/she is
entitled within the following 12 months at a time appointed by the
employer after consultation with the helper, confirmed by a written
notice to the helper at least 14 days in advance. |
| Q4.11 |
Should annual leave include rest days and statutory holidays? |
| A |
No. Any rest day or statutory holiday falling within the period
of annual leave will be counted as annual leave. Another rest day or
holiday must be appointed. |
| Q4.12 |
Should vacation leave be granted in addition to annual leave?
Is it paid or unpaid? |
| A |
Vacation leave of not less than seven days should be granted in
addition to the helper's entitled annual leave. However, whether
this vacation leave shall be paid or unpaid would depend on the term
agreed in Clause 13 of the standard employment contract. |
| Q4.13 |
Can an employer compel his/her helper to take no pay leave
when the employer is going aboard? |
| A |
The arrangement of taking no pay leave shall be of mutual
consent to both parties. The employer shall not unilaterally impose
such leave on his/her helper. |
| For employer |
| Q4.14 |
How should I grant annual leave to my helper on completion or
termination of employment contract? |
| A |
When the employment contract is terminated, your helper should
be given payment in lieu of any annual leave not yet taken in
respect of every 12 months' completed service. For more than three
but less than 12 months' services in every period of 12 months, your
helper is entitled to pro-rata annual leave pay if the employment
contract is terminated other than for the reason of summary
dismissal due to his/her serious misconduct.
For example: If your helper resigned or was dismissed
after serving 18 months of services and he/she had not yet taken any
annual leave, he/she should be given payment in lieu of annual leave
for the first 12 completed months of service (i.e. 7 days), plus the
pro rata sum in lieu of annual leave pay calculated to the days of
employment (i.e. 7 days + 3.5 days = 10.5 days). However, if your
helper is summarily dismissed due to his/her serious misconduct
after serving 18 months, he/she would only be entitled to payment in
lieu of annual leave for his/her first 12 months of service, i.e. 7
days. ¡@ ¡@ ¡@ ¡@ ¡@ ¡@ ¡@ ¡@ ¡@ ¡@ ¡@ |
