Posted by
Sapphire
13 yrs ago
My helper is due to take her leave. We have employed her since end of June last year and we employed her directly from her previous employer without her leaving HK ... this was agreed by Immigration as she had only recently taken leave with her previous employer (April 2011) and Imm. agreed for her not to have to leave HK again as long as she took leave within 12 months of being employed by us.
What I am wanting to know is, how much leave is she entitled to ... 7 days, or 2 weeks? And then, at the end of her 2 year contract with us, assuming we will re-sign her, how much leave does she take then?
I have checked out the government website but can't seem to find what I'm looking for ... probably just not looking in the right place!
Would appreciate any advice. Thanks!
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As this leave was owed from the gap between contracts then deferred, then your helper is entitled to the two weeks, but you do not have to pay wages for this 2 weeks,.
She should have been given the outgoing air fare one way by her last employer.
As her new employer, you pay air fare into hk from her home town, at the beginning of a contract, or in her case, you pay the airfare back to hk after she has taken her deferred leave, at the end of the two years, you pay the outgoing air fare.
During the two years contract with you she is entitled to 7days holiday per one year worked, two in total of paid leave, plus the normal Hk helper holidays for festivals etc.
If she wanted to take the two weeks owed from the 'gap', plus one week for the year worked with you, she could effectively have 3 weeks holiday but will only be owed the one week paid wages from you.
Many helpers save the 2 x 7 days till nearer the end of the contract to get two weeks.
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Annual leave begins after the person has worked for three months. They are entitled to 7 days per year. So divide 7 by 12 equals .58 days per month. Then times how many months the person has worked and round up. For example, 9 months is 5.2 days, so it would be 6 days. According to Labour, one part of a day is meant to be rounded up and not down.
The employer from the previous contract should have paid her 2 full weeks extra at then end of her contract( or wanything she had coming to her and not yet taken)and a one way. This has nothing to do with you.
You only pay one round trip per 2 year contract. The girl got a one way back home from previous employer, and you would pay one way return. Then at the end of her contract with you another one way back home.
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