October holiday weekend

Please can someone let me know if both days Monday, 1 Oct and Tuesday, 2 Oct, are official FDH holidays?


Thanks

http://www.labour.gov.hk/eng/news/latest_holidays2012.htm


* Please note that the day following the Chinese Mid-Autumn Festival and the National Day in 2012 fall on the same day in 2012 (i.e. 1 October 2012). When an employee has taken either one of the holidays on that day, another holiday should be granted on the next day which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day. Conclusively, the 12 statutory holidays which employees are entitled to will not be reduced because of the day following the Chinese Mid-Autumn Festival and the National Day fall on the same day in 2012.


It appears from this note that the days are Statutory days which means they're holidays for FDHs.

http://hongkong.asiaxpat.com/hk-holidays/

Thanks, but....


"When an employee has taken either one of the holidays on that day, another holiday should be granted on the next day which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day."


Does this mean that it does not necessarily have to be the next day i.e. "another holiday granted which is not a stautory holiday" i.e. Tuesday is a statutory holiday.


Secondly, whilst these websites list these statutory days off, I often meet helpers on these days that are working and ask them and they tell me its not a 'statutory' holiday - so quite confusing for someone who generally does not take much notice as I give all holidays / Sundays off, but this time we are moving and I could do with help!

Q4.6 Can I require my helper to work on statutory holidays?


A. Yes, but you have to give him/her:

- not less than 48 hours' prior notice; and

- an alternative holiday within 60 days before or after the statutory

holiday.


So, in answer to your question, as long as you give your helper an alternative day off, within 60 days of the statutory holiday, then it is acceptable for you to ask her to work on a statutory holiday.


There are 12 statutory holidays, the rest are just public holidays which DH's are not entitled to ... perhaps these are the days you have seen DH's still working? Although, many employers do give them those days off also.


Regarding the 1st October, this year 2 statutory holidays fall on this day (the day following the Chinese Mid-Autumn Festival and also National Day). If you require your helper to work on this day, you would then need to give her 2 alternative days off to compensate for the 2 statutory days off to which she is entitled. If, however, she has that day off, she would still be entitled to one further day off to compensate for the second statutory holiday. Hope that helps!

Thanks Sapphire, your last paragraph answers my query - appreciate your explanation.