Long Service Payment..

..Hi everyone, I need some help please.


Due to many reasons I am thinking of terminating my helper. She has been with us for 4,5 years (so in her 3rd contract with us).


Do we have to pay her the long-service payment? Or only after the end of the 5th year..?? Dont really understand the official termsnat Gov'webpage..


Thanks for quick help

Hi HongKongBaby,


You can find the answer to your question by following the procedure below:


1. Go to home page

2. Click on domestic help and scroll down and click on holidays at the bottom

3. On the left side, click labour legislation

4. Click on overview of major labour legislation (orange colour), then employment ordinance, chapter 57(purple colour) on the next 2 pages accordingly

5. Scroll down and you'll see in purple wording "click here for more information on the Employment Ordinance".

6. Final page where you will have your answer on Chapter 10: Severance Payment and Long Service Payment.


Happy Hunting!


Peggie


Sorry I cannot find the answer for you as it's really in a grey area but nevertheless your gesture was done with good intention. Not to worry.

To the OP -


Because your DH has not worked for you for 5 whole years, she is not entitled to Long Service Payment from you.


If you are making your DH redundant then she IS entitled to Severance Payment from you, and yes, that is almost the same as Long Service Payment in your case.


If you are replacing her it may be in your interests to make this clear so that she knows she is not being made redundant, and not entitled to Severance Payment.


And because she has been with you for more than 2 years, you have to have a 'good reason' for terminating her contract. There are 5 acceptable reasons listed in the Employment Ordinance.


I have looked into this because I'm terminating the contract of my DH next month, she's been with us for 3 years, and I was worried I'd have to pay her Severance Payment, but it turns out I have no such an obligation.


As others have noted, the Employment Ordinance is all in "legalese' and it's quite difficult to actually find out what you want to know, so I hope I've got this right!!

In reply to Peggy,


I am under the impression it is legal to give the helper any statutory holiday on another date, provided both you and the helper agree to this.

I also believe that you must give your helper due notice if you require them to work on a stat holiday (from what I remember it is 3 working days?...) and it is up to them to agree to it. i.e. you cannot insist they work.


I know the labour rules are different, but this is the sort of arrangment hospitality workers have. Many restaurant staff in the company I work for 'save up' stat holidays and add them to annual leave regularly. The difference is that the company can 'insist' you work on stat holidays!