DH annual leave and flights

Posted by gum (183 days ago)

My DH has been with us for 3 months now and has requested to go back to her country for 2 weeks in June. She is suggesting that the 2 weeks comes from her annual leave on her existing contract and that I should pay for her flight for this trip on the understanding that she will not go home at the end of her contract.

I don't really mind this arrangement but would really like to know where I stand legally if the existing contract is terminated earlier than expected after she has taken her vacation. Would I then be liable to purchase another ticket for her to go home again? Will I be able to deduct the equivalent amount of annual leave advanced to her from her wages.

I have gone through the guide for DH and it doesn't seem very clear on this.

Find what you are after in our Hong Kong A-Z Directory

Posted by beancurd (183 days ago)

If you agreed with your dh request, make sure to write down all the details, stating that the ticket you bought is for the end of her 2-year contract and let her sign and it will also state there that if she does not finish the contract, she will not claim for the ticket to return to Phils because of her advance trip. Regarding the 2 weeks leave for one contract, then I suggest it should be unpaid because you are not sure if she is coming back or not, you also have to protect yourself.

Actually, it depends to both of you which way is fair for both parties. You want to give paid or unpaid 2 weeks leave, it is also up to you but just make sure you have something in writing in order to avoid argument afterwards.

If she is honest to her words and come back and you paid her 2 weeks vacation leave, then you can deduct from her salary but this must be agreed by both of you.

Because in this case, you are doing special favor to your DH. I heard from my friends that the Immigration is enforcing the rule that one must go back to point of origin after the contract.

Posted by Snow Rose (183 days ago)

I'm not at all sure that it's allowed to give the plane ticket in advance like this. Just imagine, when she finishes the contract or stops working for you, what if she says she doesn't have enough money to pay for her flight home? I think the Hong Kong authorities would be looking to you, the one who brought her out to HK, to get her back home. I don't know for sure, but I would notassume you can give a ticket so far in advance.

My new DH will be starting next month, and I'm planning to send her home for a holiday when I take my own vacation in August. I will pay for her flight, and out of the 10 days' holiday about 4-5 will be rest days + earned annual leave days, and the rest will be 'annual leave in advance'. I will have her sign a letter of acknowledgement.

Posted by gum (183 days ago)

Thanks both.
Snow Rose does have a point regarding the flights. I think it may be difficult to even deduct the advanced annual leave from her final wages if the contract is terminated so I suppose the best way to do this should be unpaid leave. I wouldn't have a problem paying for her flight and giving her some extra holidays if things are going well but I am not too happy with her at the moment and there is a possibility that I may have to terminate her contract :-(

I find it difficult to say no though. Maybe will get hubby to do the dirty job. Thanks again for your replies.

Posted by Snow Rose (182 days ago)

Yes, I don't think it is possible to deduct advanced annual leave from the salary of a DH if she stops working for you before the end of the contract. I just meant that I would advance annual leave of 4-5 days to my new DH, and if she stops working for me I would write those days off. I will only be advancing her less than a year's worth of annual leave anyway, so as long as she does another 10 months after the holiday all will be well. But I know I am taking a small risk.