Helper's request to save up holiday for home leave

Posted by Peggie Wong (155 days ago)

In the past, I have always allowed my helper to save some of her entitled days off so that she can add them on when she goes on her home leave.

Her choice is usually not to take the 3 or maybe 2 days off during the Chinese New Year as she says there's nowhere to go. To be fair, I am pleased with the arrangment as it also benefit me as during those 2 to 3 days, a lot of relatives and friends drop by the house (local Chinese custom) and a extra pair of hands is always welcome. Our helper also gets her rewards as all people that pop by give 'lucky money red packets' to her and it does add up to quite a big sum. So far, everyone is happy here!!!

The problem is now from reading these threads, I discovered I may be breaking the law as I am supposed to give her alternative days off within a certain period - namely 30 to 60 days. I asked around and my friends say there is a wording called "at the discretion of"...so be it. Any advice?
Any comment? Thanks in advance.

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Posted by cara (155 days ago)

hi peggie,
i think i found the relevant answer in the handbook for employing a FDH. it is question 4.6 on this website:http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf

basically it says that a helper can be asked to work on a stat holiday IF:
1) 48 hours notice is given by the employer and;
2) the day in lieu is given off within 60 days

so, technically, if she works stats in february, unless she takes her annual leave by april, you are breaking the law.

Posted by Peggie Wong (155 days ago)

Hi cara,

Thanks for finding the website and taking the trouble to inform me. Gosh, so I am indeed breaking the law even though I wasn't the party to initiate this. I thought I was doing my present helper & all those FDH before her a favour.

Well, should I have second thoughts regarding this issue?.....a tradition we(some of my friends too) took for granted all these past years & use it at our discretion. Some FDH will be very disappointed.

Posted by cara (155 days ago)

it does seem silly to me that if both parties want it it is still illegal. the only thing i would worry about is that if you do it and then down the road she is unhappy with you, she could say that she is not getting the holidays she is owed. and because you have an "understanding" that is not legal, you would be the one in trouble.

Posted by Peggie Wong (155 days ago)

Yes, it is surely silly. Thanks for the concern but from day one, I've never had any trouble with this issue. The FHD concerned are more than happy as it's in their interest rather than mine. So unless I am unfair to them, there is no cause for them to create trouble. Thanks again.

Posted by ldsllvn (154 days ago)

i would however maybe take a written agreement from her just in case things go sour and she cant use it agaist you - sorry, a friend has just gone through a nasty case with a what seemed to be a nice helper... just in case!

Posted by Peggie Wong (153 days ago)

Idsllvn - thanks for the advice.

Posted by cindy_jps (150 days ago)

helpers are entitled for a 1 day off (24 hours) each week, but some employers ask their helper to come back home before 9, in that you are already violating the 24 hour 1 day off entitled to them.... you may ask your helper not to take a holiday provided you have to pay them for the days off not taken, or give her day off on any other day if you may decide, its become illegal if you dont give her the holiday without paying it or wont allow her to take it some other day..... but since she was the one who ask that she may be allowed to stay in your house during continuous holidays i dont think its illegal, but just make sure that its what she wants and not you asking her, better put it in writing that she was the one who ask for it.. coz you know if we have continuous holidays off, its a big pain in the pocket as we also have to spend transportation fare, and food, we got to spend at least 100 for just a day. so think about it you both benefits from it.

Posted by Peggie Wong (150 days ago)

Actually I am now getting more confused with all these rules! cindy_jps

In the past for me, it was so clean-cut: My helper requests not to take certain labour days (mind you - never a sunday as all DH love to take sundays off), and
if I agree, I would let her chose either to add them on to her annual leave or pay her for the day.

All my previous helpers were very happy with this arrangment which is to their advantage although I have nothing to lose and to be fair, sometimes it benefitted me too. By the way, I've never asked them to sign anything before. Everything was based on mutual trust.

Guess I have to find a way to figure out what to do and not break all these hidden laws that surfaced lately.

Posted by Moppet (150 days ago)

Peggie Wong there are no hidden laws everything is in the contract you and your helper have signed it just needed to be read and is there to protect both sides .
If what you say is the case and it's only of benefit to the helper then explain what you have discovered and inform her from now on holidays etc need to be taken in accordance with the rules then you have nothing to worry about when the contract ends.
if you feel you can trust your helper then carry on as you have been and don't worry about it.
It's a great shame that every last detail needs to be covered by a contract or people are abused but it seems to be the way it is and a sorry reflection on people in general

Posted by Peggie Wong (150 days ago)

Fairly said Moppet. Thank you.