green, I heard of it too. With the increase, I've heard that long service payments along with the levy will be stopped. Those who qualified for long service were advised to take it before the proposed law take effect. However, it is also an option for the employer whether or not grant their helpers long service after 5 years of employment.
I have spoken with someone who is " involve" on this and she said nothing is concrete, at this time.
(8 yrs ago)
I think you'll find that if the helper has already qualified for LSL then the employer will still need to meet his/her obligation in that regard. So taking it before the propsed change comes into effect (at the risk of losing out) will not be necessary.
Where is this new information coming from?
Any website ?thanks.
TC, from my employment point of view I do find the advise daft. However, from the experiences of friends, friend of a friend etc..etc it is not daft at all.
Here is a real life examples ( based on cases we handled in the past)
1. The helper worked for an expat for 15 years. The boss went back to Australia and for some reason will not be needed back in HK . The maid was left without her long service because the company refused to pay her. Her case was raised to the labour's small claim department but of no help because the person who signed her contract was the employee of the company so she has no claim.
2.The husband signed the contract, there was a divorce, he left HK Helper X was unable to claim her 8 year's long service.
Those, I know are rare and few but it happened. In most cases, the employee do have a case against the employers' but most would rather just grind their teeth so to speak for they (we) are not allowed to work if we have on going labour cases and has to live on the mercy of friends and shelter homes.
LONG SERVICE is given to those who had worked for 5 years with the same employer.
SEVERANCE PAY are for those who had worked for 4 years whose services is no longer needed by an employer BUT, that is only applicable if the employer will NOT hire another helper.
You don't have to pay your helper with LS after just two years, but if you want you could give her a raise instead.
(8 yrs ago)
There's no doubting that those situations did in fact occur. However, they don't mean anything other than that the employers skipped HK without meeting their obligations. In the first case the company had no contrat with the helper so it was right that the helper had no claim against it. And in the second case again the helper had no claim with anyone other than the other party to the contract - the legally the husband. Unfortunate, sure, but it happens. It happens partly because employers (of FDHs) are not aware of their full obligations, as well as for other reasons. Nothing to do with the original question, though.
It's just been announced. The minimum wage for domestic helpers is being increased by $80 a month.
The new minimum wage of $3,480 will apply to all employment contracts signed from tomorrow onwards. It is not applicable to current contracts.
Can't see $80pm making much difference to anyone's quality of life!
(8 yrs ago)
Actually, when you live at the standard of some of the helpers and their dependants back home HKD 80 can make quite a lot of difference.
(8 yrs ago)
You're right, Dora the Explorer. Yeah, what's HK$80? That's only 456.00 in their currency. When I visited Manila that's only a plate of sushi (4 pieces) or 3 value meals at McDonald's. So nothing really to fuss over the increase. To us employers, that's just an average night's dinner for one person.
TC, right nothing to do with the original question. Same with your first post, right? ( re: proposed changes ). On the other hand, I agree with you that to many , HK$80.00 can make a lot of diffrence. Even to me who earns more than twice the minimum ( x4 when out of HK which is 2-4 months/year plus bonuses), 80 bucks means a day of medication for my mom or would have been half day's meds for my dad. I know many would be grateful for that and will wish for the pay to be back to HK3860. though I doubt at the expense of LS pay.
SHAKIRAMM, you're welcome.
when i consider how hard most domestic helpers i know work, i don't begrudge them the extra pay.
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