Posted by
Nuri
18 yrs ago
My helper told me that because of her difficult financial situation she'd like to work without days-off. She asked if I could pay her for those days.
I understand her point very well: generally she is not overloaded with work and we are not at home either on Sat or on Sun. So, she'll be able to have some rest anyway. The problem is, I know it's illegal. I don't want to break the law, especially because I do not need any extra help. Besides, I don't feel like paying extra for something I don't really need.
Yesterday i thought that may be I'll allow her to do what she wants, but only once a month. As an employer, what troubles do I potentially bring to myself?
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crj
18 yrs ago
There are two issues here:
1. Yes, it is illegal.
2. It sets a bad precedent for your employee/employer relationship in that you are being asked to have her work when you don't need her.
Suggestion:
This is also illegal, but it might meet both your needs. Before having our baby, we allowed our helper to work out part time 2 afternoons a week. The deal was if we ever needed her at that time she would rearrange. She made more money, we didn't notice, and it worked well for everyone. Totally illegal, but just a suggestion that I think many others do as well.
And, if the immigration ever did find out, we could claim we didn't know as it happened while we weren't home.
Later, she also told us she earned extra money walking the neighbours dog - we had no idea!
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It is not illegal for your domestic helper to ask for extra work on her day off according to the labour guidelines. You have to pay her in lieu of course. Read this document for your reference:
http://www.labour.gov.hk/eng/public/wcp/ConciseGuide/04.pdf
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crj
18 yrs ago
It seems there are different regulations in HK for general employement and employment of a Domestic Helper.
On the specific guidelines for DH the immigration website says
"62. Under the Employment Ordinance, the Helper is entitled to not less than 1 rest day in every period of 7 days. A rest day is a continuous period of not less than 24 hours. The dates of the weekly rest day will be appointed by the employer who must, unless the rest days are on a regular basis, notify the Helper before the beginning of each month."
More details are:
http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
Page 10 Q4.3
So it seems, yes the heper can work on her rest day, but then you must grant another rest day to make up for it - not extra money.
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Nuri
18 yrs ago
Just like crj said, I also understand that she has to have rest, not the money. Generally, I trust my DH, but what if things go wrong at some point? She'll claim that I did not give her rest, will bring witnesses and may even sue me for that. I know it sounds too negative, but after reading some posts on this web site I try to foresee all the possibilities.
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Nuri, go with your instincts, but do not allow your helper to do part time work outside your home. it's a dumb idea.
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ShazP
18 yrs ago
Nuri,
Just a word of advise:
Give her a day off once every 7 days.
If she wants to earn extra money, she can do part-time on her day off for others( it is illegal, but many DH's do that anyways).
You will not be held responsible for what she chooses to do on her day off.
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Nuri
18 yrs ago
After reading the comment, I decided that I will not pay for her rest days. She may do part-time, it's none of my busyness what she does on her day-off. At least, like some posts say, I will not be responsible for anything. Thank you everybody for the advice!
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