Posted by
Tenpura
20 yrs ago
I am not a native English speaker and am having a difficult time understanding `The guidebook`.
I understand that helpers get statutory holidays.
But this is not very clear.
"If the helper has been employed continuously by the employer for three months proceding any of these holidays, he/she is entitled to the holiday pay."
Does it mean my helper can enjoy the statutory holidays but we don't have to pay for these days? Or it is OK to have her work on S/holidays? (for the first three months)
Can anyone explain in easy words for me? Please.
Please support our advertisers:
I'm taking a stab at answering your question, although there are some posters here who are far more knowledgeable than I in this area! Believe me, the Handbooks are not that clear even for native English speakers. (Hong Kong Government English is quite original actually!)
It was my understanding that the employer is required to pay for the Helper statutory holidays from the very beginning of their contract, but that after one year, they are also entitled to an additional 7 days paid vacation.
I have read the Handbook, but I must say, I didn't notice the clause about the helper being employed for 3 months preceding, etc. We have, (as have our friends) allowed our helper to take these as paid holidays. If the employer and the employee agree, you could substitute another day for one of these days.
Please support our advertisers:
Whatif,
I guess I didn't notice the three month clause! Is it still common practice to begin giving your helper the days off from Day One. That is what I did, (and of course my helper didn't tell me otherwise!) and I'm pretty sure my friends did too!
Please support our advertisers:
`The guidebook` I have also says;
"All foreign domestic helpers, irrespective of their length of services, are entitled to the following 12 statutory holidays in a year"
And of course my helper insists to take S/holiday from the start.
I called the gov't hot-line and asked. Their answer was "Helper can take S/holiday from the beginning but do not have to be paid"
I am very confused and wondering if I can deduct one day salary (if she takes S/holiday) from monthly salary. But minimum monthly salary is fixed...
Please support our advertisers:
Thank you, whatif.
Can I ask you (or someone) one more time...? Thanks for your patience.
What does simply "3 months rule" make difference between `the first 3 months` and `after 3 months` ?
The first 3 months, I can have my helper work for S/holidays, if I need her help, but I don't have pay her extra?
Also this is my understanding... Employer can't exchange helper's S/holiday with extra wage.
Please support our advertisers:
The biggest area for confusion is the 'holiday pay' for me. I think I (as an employer) am required to pay my helper for 'statutory holidays'. This makes sense if I am paying my helper on a daily basis but I am not (as almost all helpers are paid on an monthly salary basis).
There is no clear way to determine daily pay besides we can't deduct it (daily pay) from the monthly salary and we don't have to add it on the monthly salary.
I concluded the sentence
"If the helper has been employed continuously by the employer for three months proceeding any of these holidays, he/she is entitled to the holiday pay."
should be removed!!!
TC, thank you for your advice
What if, thank you for trying help me
ARIGATO
Please support our advertisers:
Confirming TC's quote - you are not supposed to ask the DH to work on a statutory holiday and give her an extra day's pay - that is illegal. The only way is to replace that day with a day off some other day. (Though in reality what private arrangements you may have is up to you.)
As for 'holiday pay', the interpretation that you have to pay her one more day's pay for each statutory holiday is incorrect. It simply means that you do not deduct a day's wage for the DH taking the day off - you do not pay extra. You just maintain the normal monthly salary. Think about it - dooes YOUR employer give you an extra day's pay for your public holidays?
Please support our advertisers:
You must be logged in to be able to reply.
Login now
Copy Link
Facebook
Gmail
Mail