S
Sapphire
04 May 2015
Domestic Helper
ANNUAL & VACATION LEAVE - EXPLANATION FROM LABOUR DEPT.
Reading through old threads on this subject confirms how many employers do not correctly understand the rules pertaining to ANNUAL & VACATION leave entitlement for domestic helpers. For this reason, I am re-posting this explanation from the Labour Department onto a thread of its own so that anyone with queries regarding this matter will not have to trawl through many long threads with conflicting views to find the answers.
EXPLANATION FROM THE LABOUR DEPARTMENT ...
<< Under the Employment Ordinance, foreign domestic helpers are entitled to the following leave:
Rest days;
Statutory holidays; and
Paid annual leave.
Under Clause 13 of the standard employment contract, if both parties agree to renew the contract, the helper shall, before the new contract commences, return to his/her place of origin at the expense of the employer for a 'VACATION' of not less than 7 days according to the standard employment contract, unless prior approval for extension of stay in Hong Kong is given by the Director of Immigration. The VACATION LEAVE should be granted IN ADDITION to the helper’s entitled ANNUAL LEAVE.
PAID ANNUAL LEAVE ...
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 - 1 ... 7 days annual leave
2 ... 7 days
3 ... 8 days
4 ... 9 days
5 ... 10 days
6 ... 11 days
7 ... 12 days
8 ... 13 days
9+ ... 14 days
A helper shall take the paid ANNUAL LEAVE to which he/she is entitled within the following period of 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.
As said above, please kindly note that the VACATION LEAVE stipulated under Clause 13 of the standard employment contract should be granted IN ADDITION to the helper’s entitled ANNUAL LEAVE.
With regards to your second question, please note that 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. >>
So, to sum it all up, if renewing the contract, before the new contract commences, a helper must take 7 days 'VACATION' leave PLUS their entitled ANNUAL LEAVE (if that's when they agree with you to take their annual leave). So, in the case of a helper renewing after 2 years, she would be entitled to take 7 days VACATION leave (which she must take at the end of her contract), plus 14 days ANNUAL leave, making a total of 21 days entitlement. The ANNUAL leave however, can be taken at another time to suit both employee and employer.
With regards to the rest days and statutory holiday falling within the annual leave period, they are counted as annual leave - you don't have to give them additonal days during the actual leave period, but they must be given at an agreed time to suit both employer and employee.
So, for anyone out there who, in the past, has only given their helper the straight 'annual leave' entitlement, you will owe them for the 7 days additional 'vacation leave' that they were entitled to ... plus any rest days, or staturory holidays that fell within their 'annual leave' period.
Oh, and the cost of flights to his/her place of origin, paid for by the employer, are for the 'VACATION' leave, NOT the 'ANNUAL' leave. So, if your helper takes the 7 days vacation leave, plus 7 days annual leave between contracts, then takes her additonal 7 days annual leave at a later date, the employer is only obliged to pay for flights when the vacation leave was taken ... not for the additional 7days entitlement if your helper wishes to go back home ... unless, of course, you want to be generous ...
I hope that clears up some of the confusion!
EXPLANATION FROM THE LABOUR DEPARTMENT ...
<< Under the Employment Ordinance, foreign domestic helpers are entitled to the following leave:
Rest days;
Statutory holidays; and
Paid annual leave.
Under Clause 13 of the standard employment contract, if both parties agree to renew the contract, the helper shall, before the new contract commences, return to his/her place of origin at the expense of the employer for a 'VACATION' of not less than 7 days according to the standard employment contract, unless prior approval for extension of stay in Hong Kong is given by the Director of Immigration. The VACATION LEAVE should be granted IN ADDITION to the helper’s entitled ANNUAL LEAVE.
PAID ANNUAL LEAVE ...
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 - 1 ... 7 days annual leave
2 ... 7 days
3 ... 8 days
4 ... 9 days
5 ... 10 days
6 ... 11 days
7 ... 12 days
8 ... 13 days
9+ ... 14 days
A helper shall take the paid ANNUAL LEAVE to which he/she is entitled within the following period of 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.
As said above, please kindly note that the VACATION LEAVE stipulated under Clause 13 of the standard employment contract should be granted IN ADDITION to the helper’s entitled ANNUAL LEAVE.
With regards to your second question, please note that 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. >>
So, to sum it all up, if renewing the contract, before the new contract commences, a helper must take 7 days 'VACATION' leave PLUS their entitled ANNUAL LEAVE (if that's when they agree with you to take their annual leave). So, in the case of a helper renewing after 2 years, she would be entitled to take 7 days VACATION leave (which she must take at the end of her contract), plus 14 days ANNUAL leave, making a total of 21 days entitlement. The ANNUAL leave however, can be taken at another time to suit both employee and employer.
With regards to the rest days and statutory holiday falling within the annual leave period, they are counted as annual leave - you don't have to give them additonal days during the actual leave period, but they must be given at an agreed time to suit both employer and employee.
So, for anyone out there who, in the past, has only given their helper the straight 'annual leave' entitlement, you will owe them for the 7 days additional 'vacation leave' that they were entitled to ... plus any rest days, or staturory holidays that fell within their 'annual leave' period.
Oh, and the cost of flights to his/her place of origin, paid for by the employer, are for the 'VACATION' leave, NOT the 'ANNUAL' leave. So, if your helper takes the 7 days vacation leave, plus 7 days annual leave between contracts, then takes her additonal 7 days annual leave at a later date, the employer is only obliged to pay for flights when the vacation leave was taken ... not for the additional 7days entitlement if your helper wishes to go back home ... unless, of course, you want to be generous ...
I hope that clears up some of the confusion!