Posted by
Spockey
18 yrs ago
First time direct employment with a DH. Do you know if the rule of first three months, DH is not entitled to a paid public holiday should she choose to take it? Thanks. I know that with hires from agencies, that is the case.
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The law applies to all FDHs.
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MayC
18 yrs ago
If I remember correctly from immigration, they are entitled to all public holidays but for the first three months, these are unpaid, meaning you can deduct from her monthly salary.
I know my agent said I didn't need to give her these holidays, I could just keep her, but I think this is against the rule.
For me, I just gave mine all holidays without deducting from her pay because I was home anyways to care for my daughter.
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cd
18 yrs ago
But why would you not pay her. All that effort to deduct about $100.
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According to the labour law, if the helper has been employed continuously by the employer for three months preceding any of these holidays, he/she is entitled to the holiday pay.
Which means first three months, either the helper choose to take it or not but the helpers has not entitled to the holiday pay.
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So legally, if she works on that day, which she has and she has chosen to, wasn't my choice... I have to provide her another day in lieu within 60 days of the original? What if she doesn't want it? She wants to be paid instead.
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Do you still pay 3580 minimum or deduct sundays and stat holidays for first three? What do you deduct per day?
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No, you don't deduct pay for Sundays. The only thing you deduct is public holidays IIRC.
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This is a link to the Labour Dept FAQ, it answers most of your questions.
http://www.labour.gov.hk/eng/faq/cap57f_whole.htm
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Thanks, but how do you calculate the daily rate? And, then how do you deduct the stat holidays? Equation please or example based on 3850...
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3580 x 12 = 42,960
divided by 365 = 117.70
daily pay rate = 117.70
That's what you can deduct per public holiday in first three months of contract.
As said above by someone, "is it really worth it?".
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That math is totally wrong. It should be $42,960 divided by the number of working days in a year (not total days). Working days for DH's should be 365 - 52(sundays) - 12 (statutory holidays) = 301 days. $42,960/301= $142.72.
The difference may not seem like much, but it is 21%. I wouldn't want my salary cut by 21% on a mistake.
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Alas it is not a mistake! I am assuming that you work in an office 5 days a week. Go and check with your payroll guys and you will find that if they pay you a days holiday pay that is how it is worked out under HK Employment Ordinance.
In HK you get paid for your rest days and your holidays as a part of your monthly salary. You are suggesting that FDHs do not. That is incorrect. They are paid on their rest days as well as stautory holidays.
Heres a link:
http://www.labour.gov.hk/eng/public/wcp/GuideEAO2007.pdf
Page 6, note (9)
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I figure it by taking the monthly salary and dividing by the number of days in the month. Easier math
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I cannot seriously believe that anyone is tight enough to deduct a stat holiday from a FDH for the first 3 months.
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I agree with LOJITT (who can believe there are people out there that tight). I guess it comes down to if you want to be a 'fair and reasonable' employer or do you want to do as little as possible that you can get away with. These girls get paid so little as it is and get so few holidays, that indeed it seems petty to go to the bother of working out how to deduct $140 odd from their meagre wages. If you can afford a helper in the first place, you can afford to not deduct their wages for such a minimal amount. C'mon.
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