Posted by
missdj
16 yrs ago
Our helper has advised us she would prefer to work the 3 stats at the end of this month, instead of time off. (she keeps to herself & doesn't need days off)
Do we pay her time and a half, double or???
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only if you need her to work of course? does she want to save those days up maybe for later when she goes home for holidays? if not - i would just agree a lump sum - whatever you are comfortable with..
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Our family is away for CNY and we require our helper to look after our dog over the holiday. As these will be work days for her (though in fact there is little to do and she is free to do as she wishes provided she walks and feeds the dog as necessary) we add on the stat hols to her annual leave. She prefers this to days in lieu as she'd rather work while in HK and holiday in her home country.
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OK, let me re word it, she doesn't WANT the extra days off. She has no where to go, and enjoys her 1 day off a week and the 2 hr break she gets daily.
So, if she wants to work the days and wants pay and not extra time off, should she just be paid regular wage? or extra? (I know it is illegal)
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If you are working on a stat holiday then i believe you should be paid extra for it but it maybe slightly different if she is asking to work and you don't need her.
I guess it comes down to what you feel is the right and just thing to do...
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I don't think that what you describe is illegal.
It would be illegal if you were asking her to work on the stat hols and offering to pay her instead of giving her time off in lieu within the relevant period (can never remember - is it 2 weeks?).
As i understand it, this provision is a protection for helpers to stop employers from over-working them 7 days a week for weeks on end and justifying through extra pay. I believe that where the helper volunteers to work you can come to whatever arrangement you want.
In your position, I would give her a regular wage for the 3 days and give her 3 days extra annual leave (as with my helper, she may appreciate 3 extra days paid leave in her home country). In effect, this amounts to paying her double time as she gets paid for these three days now and again when she takes her annual leave.
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