Posted by
gum
17 yrs ago
My DH has been with us for 3 months now and has requested to go back to her country for 2 weeks in June. She is suggesting that the 2 weeks comes from her annual leave on her existing contract and that I should pay for her flight for this trip on the understanding that she will not go home at the end of her contract.
I don't really mind this arrangement but would really like to know where I stand legally if the existing contract is terminated earlier than expected after she has taken her vacation. Would I then be liable to purchase another ticket for her to go home again? Will I be able to deduct the equivalent amount of annual leave advanced to her from her wages.
I have gone through the guide for DH and it doesn't seem very clear on this.
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I'm not at all sure that it's allowed to give the plane ticket in advance like this. Just imagine, when she finishes the contract or stops working for you, what if she says she doesn't have enough money to pay for her flight home? I think the Hong Kong authorities would be looking to you, the one who brought her out to HK, to get her back home. I don't know for sure, but I would notassume you can give a ticket so far in advance.
My new DH will be starting next month, and I'm planning to send her home for a holiday when I take my own vacation in August. I will pay for her flight, and out of the 10 days' holiday about 4-5 will be rest days + earned annual leave days, and the rest will be 'annual leave in advance'. I will have her sign a letter of acknowledgement.
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gum
17 yrs ago
Thanks both.
Snow Rose does have a point regarding the flights. I think it may be difficult to even deduct the advanced annual leave from her final wages if the contract is terminated so I suppose the best way to do this should be unpaid leave. I wouldn't have a problem paying for her flight and giving her some extra holidays if things are going well but I am not too happy with her at the moment and there is a possibility that I may have to terminate her contract :-(
I find it difficult to say no though. Maybe will get hubby to do the dirty job. Thanks again for your replies.
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Yes, I don't think it is possible to deduct advanced annual leave from the salary of a DH if she stops working for you before the end of the contract. I just meant that I would advance annual leave of 4-5 days to my new DH, and if she stops working for me I would write those days off. I will only be advancing her less than a year's worth of annual leave anyway, so as long as she does another 10 months after the holiday all will be well. But I know I am taking a small risk.
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