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ORIGINAL POST
Posted by April de la gracia 6 yrs ago
Hi im a domestic helper need advice..
Im working with them for 1 and 7 months now..since I started working with them
They always don't allow me to go out every statutory holiday(without pay)
My madam always tells me im not allowed to go out cos whenever they are out of country im alone in the house..

And before we had an agreement that I will have my vacation this coming january 11th but suddenly she canceled it..and told me that im not allowed to have a vacation until I finished my contract..

Is that true?i just want to know..
They are my first employer here in hk..im planning to break contract cos im not happy anymore..
I've been working hard for them start working by 7am and finished by 11pm she doesn't want to see me
Sitting on my room even just to take a break for a minute she always want me doing work all the time..
I know as a dh its my job to work..but I think I deserve a rest even just half an hour for a day..

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COMMENTS
sniffer 6 yrs ago
Hi April

http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
Please see Q4.6
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.

They may not allow you to go out, however, it may still be considered a rest day if you are alone in the house? Note that a holiday/rest day doesn't always equal getting out of the house. I do not know the exact situation. This is something you have to talk to your employer.

Regarding the annual leave, you are now entitled to 7 days AL, however, it's at the discretion of your employer when you can take it. What most employers do is grant the AL at the end of the contract. Note that AL must be taken within 12 months (so basically 12 months after you've completed your first year).

Lastly, as you have only 5 months to go, the question is, do you want to go back home for good or do you want to find a new employer. If the former, you can quit straight away. If the latter, I suggest you complete your contract as it would be easier for you to find a new employer, and it will also show your future employer your commitment to your work and make them feel that you can handle problems and do not give up easily. And you can even start looking for a new employer now and start getting interviews during your day off. You have the right not to renew the contract with your current employer. Everyone has some form of "unhappiness" and it's a matter of how they deal with it.

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April de la gracia 6 yrs ago
thanks for the advice sniffer

i have decided maybe i will just finish my contract so i can get an employer easily on my next contract

i will just have more patience and understanding

actually there's no problem with my sir only my madam..
3 times a week she always let me go to her aunties house to clean,
she even offer some of her friends to borrow me to babysit their baby whenever they have a dinner outside..
i'm always telling her that its not allowed to do that...but i don't have a choice cos she will shout at me and telling me that she will fire me...i don't want to lose my job...that's why i always just follow her..

6 months to go to wait more!!!thanks sniffer

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cookie09 6 yrs ago
first of all, i think you are making the right decision by finishing the contract (if you can endure it). however i suggest you start looking for a new employer early on so you have choice when the time comes. there's definitively better employers out there.

what your employer does to you is illegal on many levels (but equally hard to prove).
- cleaning at an other place = clearly illegal
- regularly babysit at another place = clearly illegal
- not allowing you to go out on your rest days = probably illegal
- not giving you any rest from 7am to 11pm is quite illegal too if you ask me

the issue with many of these things is that it would be hard to prove it if you sue them. so again: if you can bear it, complete the contract and start looking for a new employer early on

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April de la gracia 6 yrs ago
Thanks for the advice cookie09 actually I do have some evidence if ever I will report them..
But I don't want to trouble myself..cos some of my friends told me to take pictures whenever I do babysit and cleaning her aunts house..

By the way thanks for the great advice..probably look for a new employer..thanks

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makro 6 yrs ago
Hi April,
I will not encourage you to terminate your contract but it will be good to you if you could have a time to have some advice from your consulate so you will know your right and know what will be your decisions :)

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