Posted by
kilwinning
13 yrs ago
My helper just went away on home leave, the leave required by the government before DH starts new contract. It was unpaid leave. Now DH is arguing about how to prorate her monthly salary because of this unpaid leave. I prorate based on # of days in the working month, but she argues that it is supposed to be based on 31 days- that is how previous employers calculated prorated salary. I can't find any specific info on this in the labour manual- it's not a lot of money & I would normally just do with the DH's request, but this new hire DH keeps nitpicking at every detail, so I now want to make a point (hopefully). Thanks.
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Two standards - #days in working month totally acceptable, so is 30.4. I've seen both used here.
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Should be monthly salary times 12 divided by 365 days, gives you daily rate of pay. As for any other contracted employee in HK (ie not daily or hourly paid).
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jgl
13 yrs ago
I have asked this question at work, and have been told that both standards (# work days, or # days in the actual month) are fine. I believe that we use the number of working days per month as it's better for the employee (could be wrong, my memory is hazy).
I can't see it being 31 days *regardless* of which month it is though. That would mean that there are 372 days in a year, which is just silly.
If you want to confirm, you can check with the labour department, who have a hotline that's remarkably helpful.
http://www.labour.gov.hk/eng/enquiry/enq_com.htm
This is a slightly weird sounding situation. If this is typical of the relationship between you and the helper, it would raise the bigger question of whether she's going to work out in the longer term.
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Unless I'm unusually daft today, her request would actually result in lower net pay for her for any month with less than 31 days... She just sees a bigger number and doesn't realize it's what you divide monthly gross pay by!
If you're looking to make a point, I'd agree to her insistence, let her smile, and then let her know that the calculation you would have used would have resulted in a bigger paycheck...
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