Posted by
susannah
18 yrs ago
Our helpers contract is up soon and we wish to renew with her. We owe her 2 weeks holiday which she does not want to take. We are away just as her new contract starts for 2 weeks, is it viable for us to ask her to take that as the holiday as realistically she will not be doing anything in the apartment when we are away? I understand it is our choice that we are away and I would not dream of forcing her to take holiday if she does not want to its just that as she has no inclination to go home I see that it would work for both of us to do it this way.
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susannah, has she been back home during the 2 year contact? If not, both of you has no choice but to let her have her point of origin exit ( whereas for the first year of the contract an exit to Macao or China is okay) otherwise, You, as the employer will be liable to a fine of HK$150k. I know this is not a common knowledge and I've came to know this when my boss got a letter from ID informing her that the 2 year contract of our gardener will be up soon. Unlike all of us who went home/out of HK few times a year, he has not. So he MUST go home and the employer MUST see to it that he did or face the fine and for the renewal of the contract to be denied.
Inm case that she has, if you insist and will pay for her air fare ( which is due to her after completion of a contract) she has no choice but to go , just make sure she has at least a month's notice.
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Thank you. What if she does not want to leave HK?
Could the 2 weeks we are away be classed as holiday?
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Susannah unless she agrees to it being her holiday then I would say no.
However she may well be happy to take the two weeks and perhaps you could say that as it is the end of her contract she must take the two weeks holiday before starting the next contract otherwise you have not met her terms and conditions.
Maybe just ask her about it and see what she says
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Thanks all, I am still working this out. My thought now is that no it is not fair to make her take the time we are away as holiday but on the other hand it is not really our fault that despite me repeatedly asking her during her contract when would she like to go home and her point blank refusing to go!
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A question I repeatedly ask too Cara!
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