Helper want to go back for Christmas

Hello,


We hired helper (local finished contract) last Dec, 2009.

Since she did not go back to Phillipine between the contract (after she finished with

her previous employer and before start to work for us), I paid her to go back in Mar, 2010

for about two weeks.


Now, my helper insists that she go back for Christmas.

I assume that I only need to pay for her next trip after we finish the current contract (Dec, 2011), right? (if we sign again, return ticket, if not one way). Please let me know.


She even wants to use her own money to go back. In this case, can I reject?

I am working, and cannnot take any holidays during Christmas, so I really cannnot let her take holidays.


Please let me know.


Thanks in advance

Maybe I was not that familiar with regulatins, so I did not mention if March travelling was from annual leave or not.

However, I paid during her abscence, and she accepted our payment.

If it was from geenrousity, we did not have to pay her?


Anyway, since my helper always emphasize regulations and laws, I do not want to fight about it. If she insists that it was not annual leave, that's it!


I am just wondering if I have the right to reject her annual leave since I really cannot take any holidays, and explain to her that I will let her take either in summer or next Christmas (2011).


I found this from FAQ on the government website.


Q2. Who determines the timing of annual leave?

A2. The timing of the leave should be appointed by the employer after consultation with the employee or his representative. The employer should confirm by a written notice to the employee at least 14 days in advance, unless a shorter period has been mutually agreed.

Hi Salseros,

As your helper did not take the 'break' between contracts with her last employer and you, you should not have had to pay for her return home in March, her last employer pays for ticket home, and you pay ticket into Hk as a new employer!

So technically if you allowed a 2 week holiday, she was not entitled to paid vacation at that point (3 months after starting contract), and in any case was only entitled to the return fare to HK from You.

It is the employer who usually decides when they are allowed to have a holiday within the first year of contract, and they are only allowed 7 days/yr worked, as paid leave, also you don't have to provide the air fare at this point.

Your helper cannot 'insist" she goes home for christmas if you need her then, you are the boss.

Do you keep written records of holidays she is payed for, and any moneys given as air fares? you should always get her to sign for everything.

If she is always quoting regulations and laws, I suggest you take time to read the laws on the government website, and correct her, she is trying to wangle the laws to suit herself, and do have some records of any type of payments- wages, anything extra, any tickets signed as a receipt by her, if not you may find you have trouble later. Prevent it now, read the laws etc, adhere by them and protect yourself, let her know who is Boss, be fair to yourself and your helper you will get a lot more respect and understanding for each other.

"I am just wondering if I have the right to reject her annual leave since I really cannot take any holidays, and explain to her that I will let her take either in summer or next Christmas (2011)."


Yes you have that right.

Thanks a lot!

It seems that there are still a lot to learn although I am using helpr for more than 4 yrs already!!!!! Actually, it is good practice to sign every document, but it is my mistake that I did not do that before (since I am from Japan, and Japanese do not have that custom except for business...well although hiring helper is one of business...)


Anyway, it is good to learn that I have right to reject her taking breaks in Christmas.


I really want to build the good relationship, and want her to respect and understand me.

Signing is indeed a good idea. We trust our helper implicitly but she still has to sign. You are quite correct that it is business. Hiring a helper is hiring an employee. It is easy to lose track of that of course, since she lives in the home, but it is the central aspect of the relationship.


If you want to learn more, there is a good book on the subject called "Hiring and Managing Domestic Help".