Holiday Entitlement ...

I understand that after two years of service my helper is entitled to 7 days leave per year of employment, so she's soon due to take 14 days leave. Can someone please clarify, is this 7 working days per year, ie not including her Sunday off? In which case she's entitled to a total of 16 days leave? Or is it just a straight 14 days off? Thanks!

Just 14 days in your case ... Sunday off-days are included ... see official regs from HK Labour Dept as follows:



ANNUAL LEAVE AND VACATION LEAVE

For both employer and helper

Q4.9 How many days of annual leave should be given to a helper in a year ?

A A helper is entitled to paid annual leave after serving every period of 12 months with the same employer. The helper’s entitlement to paid annual leave will increase progressively from seven days to a maximum of 14 days according to the length of service as follows:


Q4.9 How many days of annual leave should be given to a helper in a year ?

A A helper is entitled to paid annual leave after serving every period of 12 months with the same employer. The helper’s entitlement to paid annual leave will increase progressively from seven days to a maximum of 14 days according to the length of service as follows:


Years of Service Number of days of paid annual leave for a leave year

1= 7

2= 7

3= 8

4= 9

5= 10

6= 11

7= 12

8= 13

9 & above= 14


For example, a helper is entitled to nine days of annual leave after he/she has completed the fourth year’s service during the second two-year contract with his/her employer.

Q4.10 Who determines the timing of annual leave taken by a helper?

A A helper shall take the paid annual leave to which he/she is entitled within the following 12 months at a time appointed by the employer after consultation with the helper, confirmed by a written notice to the helper at least 14 days in advance.

Q4.11 Should annual leave include rest days and statutory holidays?

A No. Any rest day or statutory holiday falling within the period of annual leave will be counted as annual leave. Another rest day or holiday must be appointed.


Hope this helps!

Mmm, actually, I find Q4.11 a little contradictory:-(


When asking, 'should annual leave include rest days and statutory holidays?', it responds 'No' ... So, to me, that sounds like she should have 14 days, plus the extra days for rest days, and any statutory holidays. So, if my helper is away over Christmas she'd be entitled to 14 days, plus 2 rest days, plus 2 statutory holidays, being 18 days in total?


However, it then says 'any rest day or statutory holiday falling within the period of annual leave will be counted as annual leave' ... To me that sounds like it's saying she's only entitled to 14 days straight, and the Sunday and statutory holidays are counted within her 14 days leave??


It then goes on to say 'Another rest day or holiday must be appointed' ... So does that mean she takes just 14 days straight annual leave, and then the 2 rest days, plus the 2 statutory holdays, that fall within her leave period, at a later date when she returns??


Is this really simple and I'm just over complicating matters?!LOL Just want to do the right thing!


I have emailed immigration but still waiting for a response. If anyone has the answer, please let me know because I need to sort out her flights asap! Thanks!






Is it just me being thick, or do those two statements seem to contradict each other?

I'm still waiting for a response from immigration after 2 days, but I can't believe that after more than 70 views, I've only had one response to this post. Surely some of those viewing must have helpers who've taken annual leave? So, come on, how do I work this out? 14 days straight, and then let her take the rest days/statutory hols at a time to be agreed upon her return? That seem to me to be the most likely answer based on Q4.11 above ...


Anyone ...?

Thanks, cara, I feel a little better now that I know it's not just me who can't make sense of this!LOL


I'll post the response from immigration when I get one!

That's why I included Q4.11 ... it clearly says "NO" as in you don't DOUBLE COUNT any extra rest days or statutory holidays during her annual leave ... but if you wish to offer that as a bonus or goodwill gesture then of course in may do so (and your helper would certainly appreciate it).


Regarding your reaching out to HK Immigration, best to call them instead of waiting for them to read & respond to your email ... that could take forever and a day!

This is so confusing.


When I give my helper holidays, I have NEVER included Sunday or public holidays in my calculations of days off! Maybe I'm wrong.


Anyway, it seems UNFAIR to double count. She's entitled to 7 days off, then don't count the days that she normally wouldn't be working...

Well, Immigration got back to me ... just sent me the link to look at their website with regards to 'annual leave and vacation leave' ... which I'd already done!! ... Which didn't answer my question! ... Which is why I contacted them!! Alternatively, they suggested I contacted the Labour Department, which is what I've now done.

Seems we're not the only ones confused!!

NO, you cannot include Sunday or Public Holidays in your calculation.


For example, if there is 2 Sundays & 1 Statutory Holiday (total 3 days) during her leave period,

you can give her either :


a. 14 days plus + 3 days (that means 17 straight back to hometown) or


b. 14 days straight back to hometown, and balance 3 days in HK as annual leave.

HonBee, that would actually be my take on the situation. However, many people seem to have differing views on this so it's obviously a grey area. Even the Immigration Department, from whom "Guide for the Employment of Domestic Helpers from Abroad" comes from, couldn't give me the answer and told me to contact the Labour Department ... I'm now awaiting their response ...


Whilst I am more than happy to give my helper the extra days, whether or not she is entitled to them, there are obviously a lot of employers out there who believe that a straight 14 days (for 2 continuous years of employment) would be the legal entitlement, and they have given no thought as to whether or not they still owe their helper extra days for rest days/statutory holidays that fall within their annual leave period. I don't blame them, as the information given really is not very clear at all (I think it needs to be re-written) and I would suspect that many think it is simply a straight 7 days for each completed 12 months of employment (depending on years of continuous employment with the same employer).


I'm very interested to see the response from the Labour Department ...

Well, look at it this way... what if a helper wants to break her leave into smaller parts? For example, 3-4 days every six months. If that's the case, then you wouldn't include Sundays or statutory holidays, right? If we think of it that way, then why would we think that the helper only deserves a straight 14 days? So if you give 16 days, it isn't "extra" days you are giving her per se, just the two days that she's already entitled. Otherwise she could tell you, she'd like to take 6 days leave this week, 6 days leave next week and then the remining 2 days the week after. In any case, if you exclude statutory hols/Sundays when you calculate and are planning to keep her for another contract, I'm sure she'll be very, very happy.

I'm sure a lot of employers do the same, cara. But I can also appreciate that it would be near impossible for many full-time working mothers with young children, without the support network of grand-parents or aunts to look after their children, to have their helper away for such a long stretch of time all in one go ... 14 days would be difficult enough for some, let alone 3 or 4 weeks all in one go. I appreciate that it's possible to coincide your own vacation with your helper's annual leave, but let's face it, there are many people working in offices, etc, whose employers would not be happy with them taking 3 or 4 weeks leave all in one go ...


I personally don't have a problem with it as my children are now all grown up. But I would still like a definite answer to my question, and I'm sure that other employers of domestic helpers would also like to know that they are doing the right thing and giving the correct annual leave entitlement to their employee.


I will await the reply from the Labour Department ...

Spot on, Sapphire, the crux of the matter is to determine WHAT exactly is the legal standing as intended by HK Labour (not what our personal feelings may be)! This should be one of the easiest labor clauses, but made unnecessarily confusing because of a couple of poorly written sentences by HKL. If/When you hear back from HKL, perhaps you might also nicely suggest that they re-examine their "Guide" and tighten up any confusing clauses; and there are a whole bunch of them just based on reading the numerous topics posted of this forum alone!! This isn't rocket science, BUT not surprising when left to the wisdom of any bureaucratic entity AND probably lost in translation somewhere in the process ......! Good luck & please keep us posted.

pkw888, I most certainly will!

Ok, I finally have it in writing from the the 'horse's mouth', so to speak! And I now understand the difference between 'vacation' leave and 'annual' leave ... I always thought they were the same thing ... evidently, they are not!


Explanation from Labour Department as follows ....


<< Under the Employment Ordinance, foreign domestic helpers are entitled to the following leave:


Rest days;

Statutory holidays; and

Paid annual leave.


Under Clause 13 of the standard employment contract, if both parties agree to renew the contract, the helper shall, before the new contract commences, return to his/her place of origin at the expense of the employer for a 'VACATION' of not less than 7 days according to the standard employment contract, unless prior approval for extension of stay in Hong Kong is given by the Director of Immigration. The VACATION LEAVE should be granted IN ADDITION to the helper’s entitled ANNUAL LEAVE.


PAID ANNUAL LEAVE ...


A helper is entitled to paid ANNUAL LEAVE after serving every period of 12 months with the same employer. The helper’s entitlement to paid ANNUAL leave will increase progressively from seven days to a maximum of 14 days according to the length of service as follows: (See table above, previously posted)


A helper shall take the paid ANNUAL LEAVE to which he/she is entitled within the following period of 12 months at a time appointed by the employer after consultation with the helper, confirmed by a written notice to the helper at least 14 days in advance.


As said above, please kindly note that the VACATION LEAVE stipulated under Clause 13 of the standard employment contract should be granted IN ADDITION to the helper’s entitled ANNUAL LEAVE.


With regards to your second question, please note that any rest day or statutory holiday falling within the period of annual leave will be counted as annual leave. ANOTHER REST DAY OR HOLIDAY MUST BE APPOINTED. >>


So, to sum it all up, if renewing the contract, before the new contract commences, a helper must take 7 days 'VACATION' leave PLUS their entitled ANNUAL LEAVE (if that's when they agree with you to take their annual leave). So, in the case of a helper renewing after 2 years, she would be entitled to take 7 days VACATION leave (which she must take at the end of her contract), plus 14 days ANNUAL leave, making a total of 21 days entitlement. The ANNUAL leave however, can be taken at another time to suit both employee and employer.


With regards to the rest days and statutory holiday falling within the annual leave period are counted as annual leave - you don't have to give them additonal days during the actual leave period, but they must be given at an agreed time to suit both employer and employee.


So, for anyone out there who, in the past, has only given their helper the straight 'annual leave' entitlement, you will owe them for the 7 days additional 'vacation leave' that they were entitled to ... plus any rest days, or staturory holidays that fell within their 'annual leave' period.


Oh, and the cost of flights to his/her place of origin, paid for by the employer, are for the 'VACATION' leave, NOT the 'ANNUAL' leave. So, if your helper takes the 7 days vacation leave, plus 7 days annual leave between contracts, then takes her additonal 7 days annual leave at a later date, the employer is only obliged to pay for flights when the vacation leave was taken ... not for the additional 7days entitlement if your helper wishes to go back home ... unless, of course, you want to be generous ...


I'm glad I've got it all sorted out in my head now, and I know I'm doing the right thing! Good luck to the rest of you!

the 14 annual is just the 14 working days the 2 days holiday is not included.. if the public holiday falls on the annual leave that you are given to your helper then you must add as a 1 day or so.. just reminder that a lot of employers in hongkong didn't really know or understand what is written in the contract.. if you are entitled for 7 days a year plus 1 sunday for your annual leave it's same for the helper .. its just many helper didn't complain it because we want to hold our job.. its same for 8 hours rest for a helper in 24 hours but sad to say some employers didn't follow it..

marilag, to be honest, the rules are not written very clearly and it is very easy for them to be misinterpreted by both employers and employees. You can see from the posts on this thread alone, how different people have chosen to interpret them for themselves. Which is why I contacted the Labour Department for clarification.


I am sure you are correct that many employers only give their helpers the actual leave entitlement and do not appoint them any extra days off to cover any rest days (Sundays) or statutory holidays that fall within their leave period. For some, this may be deliberate, but I'm sure that many employers have simply misinterpreted the information provided and believe that they are giving the correct leave entitlement to their helpers.


Hopefully, after reading the above explanation from the Labour Department, anyone previously in doubt will now have a better understanding with regard to both vacation and annual leave for their employees.