Hi,
there is no clear explanation on Gov and Labour department homepage about the severance payment and annual and vacation leave.
How is the case when the helper finishing contract working until his last day of the 24 month contract. Does the 24 mnth employer has to pay the helper severance pay because he didnt renew the contract?
What about the 7 days vacation leave?Should the employer give the helper the 7 days before the new contract starting? Annual leave/one way ticket was compansated..
(Helper found a new employer the day after his 24 mnth contract is finished with a valid visa ofcourse and not returning back to Phillipines for 1 year.)
Thanks for any advice
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Helpers are due 7 days holiday per year, so if yours has worked 2 years they are due the equivalent of 2 weeks holiday pay on top of the wages due up to to date, plus the equivalent cost of a one way ticket to their home, which may be the cost of 2 flights if they have to get another plane in Manila (presuming they are from Fils).
Get him to sign for all the money you give him.Get a copy of the signed money receipt and send to Imm when you inform them he is not continuing his contract with you,
Unless his papers are fully processed with the new employer and the final contract with them is complete he can not technically go straight to them and do any work for them immediately after leaving you, but that is not your problem,
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This document on the Labour Department web site explains it all in detail: http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
BTW Ed, I think you should consider making some kind of FAQ with this kind of information. Same questions are repeated over and over when all people would need to do is look in this document.
"the equivalent cost of a one way ticket to their home, which may be the cost of 2 flights if they have to get another plane in Manila (presuming they are from Fils)."
Not just the flight. The employer owes door to door transportation, including planes, taxis, ferries and buses as well as a food allowance for longer transits.
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Hi thanks :O))
sorry maybe I expressed myself wrong. The question was about the 7 days vacation leave on top of the annual leave and severence payment. All the other things are clear to me..
1.) If a dh complete the 24 month contract and you do not extend it as a employer in general because you do not need the helper anymore ..You need to pay the severance payment?
2.) Helper finished contract there is 7 days of vacation leave on top of the 2 weeks annual leave..How to handle this 7 days vacation leave?
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You don't need to pay severance payment, if the helper has only been with you for one contract.
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You sure about that? Because I was reading here in the forum that you have to if you dont renew it..very confusing :O))))))))))))
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Are you sure you meant this forum??
Yes, It;s right. no severance pay for only 1 contract. No severance pay for 2 contracts UNLESS the employer no longer wish to hire another helper.
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I saw it on this forum it was from 2008 I attached the link here below..
http://hongkong.asiaxpat.com/forums/hong-kong-domestic-help/threads/116315/ending-a-dh-contract-gracefully/
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If memory serves, long service payment kicks after five years. Severance payment kicks in after that. It's all here: http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
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I read that guide already 100 times but its not really going into detail some points are missing in there..severance payment has to be paid after the DH has worked for you at least 24 months ..so completed the contract or worked longer than that for you with a new contract..Thats my question..after 5 years its the long service payment ..
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lzhk
13 yrs ago
Hi Globaltraveler, have you got clear answers to the questions (serverance payment/ vacation payment)?
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No matter how long the helper has worked if the contract is not renewed by employer or is terminated by employer because there is no longer a need for the helper to do their job severance payment is owed.
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