Posted by
GemmaW
12 yrs ago
Hi,
My helper has worked for me for 15 months. I'm still waiting for her to ask for her annual leave but she hasn't? Should she be taking her 7 days leave now? I worry because I do hope she doesn't suddenly spring it on me coz I work and have a baby at home.
Just wondering... is it compulsory for them to take it after 12 months (7 days) and then again at the end of the contract (another 7 days)?
Her contract finishes on the 1st of September. Does that mean that if she doesn't take her annual leave, at the end of the contract, I have to give her 2 weeks annual leave + 1 week vacation? That means she'll leave my employment early august?
How does it work?
Thanks.
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PS: Another quick question. I need her one Sunday this month because my customer is visiting. I know she needs at least 1 rest day in a 7 day period. Is it okay if I don't give another rest day in the 7 day period but give it to her next month when I take my annual leave?
Can she refuse it?
I'm in a situation whereby my customer will visit for a week (8 days) and I need her help but she's saying that if I need her Sunday, then she wants to go on holiday on a Saturday. This is even after I've told her that she can take as many days off as she can when I'm on annual leave next month.
A part-timer isn't an option because I have to leave my kids with someone I trust.
I don't want to force her or upset her if its her rights.
Thanks.
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She can take her Annual Leave at any time by mutual agreement. Usually they would like to take 2 weeks off at the end of a two year contract.
As for weekly days off, it works the same (by mutual agreement). If she can't have one this week, she can have 2 next week, etc. Some get away with it by telling the helper (without asking them if they are agreeable). I know I do, but I keep it to the minimum. I try to make my helper happy as I believe a happy employee is a better employee.
Rule of hand as to days off and Annual Leaves is, just give to give the helper what the law provides. (Days off don't need to be on Sundays, but many helpers prefer it because their friends and families go out the same day, which makes sense.)
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Actually, helpers do get annual leave.
Helpers get three kinds of free days:
- Weekly rest day. As cara says not necessarily a Sunday.
- Statutory holidays.
- Annual leave. 7 days per year during the first two years and increasing with years of service.
Addionally, helpers who renew get seven days off between contracts. These can be deferred so they are taken within a contract. These days are unpaid and technically "out of contract" but many employers treat them as vacation time and pay anyway.
Source: http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf , chapter 4.
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1) Okay, so as I understand it, if her contract expires on the 1st of September, I pay her for the whole of August but she gets to leave in mid August for the two weeks annual leave I owe her? If I don't renew her contract, she doesn't get that extra one week on top of the two weeks. Is this correct?
2) But legally, am I allowed to ask her to work from Mon-Sunday next weekand then allow her to take saturday and sunday off two weeks later to make up for it? I've asked her already and she was reluctant to do so. She said that if I needed her Sunday, I'd have to let her go on Saturday. She's very hard to negotiate with so I don't want to take away her rights if I cannot defer her rest day.
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