Posted by
reginakbh
19 yrs ago
i just had a new helper & it's her 1st time here in HK. how much should i pay her if i need her to stay in on a public holiday?
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Of course, officially, it's not allowed to pay your helper to work a statutory holiday. However, loads of people do this and many helpers like it because they can earn more.
Please note, though, that helpers are not entitled to a paid statutory holiday until they're 3 months into their contract. So if yours has just started you won't have to worry for a while.
After the 3 months, if you want to pay her to stay in on a statutory holiday, then you do need to consider how much.
It depends on whether you're giving her a lot of extras and paying her more than minimum wage. If so, she might expect more than just one day's money pro rata. Consider the kind of 'culture' you've established in your household.
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You can offer her an alternative holiday. If you insist on her working on a statutory holiday in exchange for extra pay, you commit an offence (which may lead to a criminal record for you). It's the sort of thing that can easily come back to bite you if ever relations turn sour.
http://www.hkclic.org/en/topics/employmentDisputes/mattersRelatedToEmploymentOrdinance/holiday/q4.shtml
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wow, didn't realised it's so strict on the issue here in hk...thank you really or i may get into lots of trouble next time.
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If you arrange an alternative holiday the helper DOES have to accept. However the helper must be allowed to agree on what alternative day is (suitable to both parties). You must arrange that day within 2 month either before or after the actual holiday.
From the EO:
If the employer requires the employee to work on a statutory holiday, the employer should make the following arrangement:
Prior Notice to Employee on the Date of Alternative Holiday: To be given not less than 48 hours' prior notice before the statutory holiday and the alternative holiday.
An alternative holiday should be
arranged within 60 days before the
statutory holiday or within 60 days after the
statutory holiday
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