questions re new helper leave



ORIGINAL POST
Posted by starries 14 yrs ago
my new helper ,who has been with the same family for many years and it not up with new rules for Immigration (neither am I!) was terminated amicably as her employers became unemployed.She needed and wanted to go home anyway before she began her official new contract with me.She is having a holiday at home first for a a month ,which she requested.Immigration certainly were picky with her re her visa and paperwork (she is not Filipina)She had to stay in HK to await her new visa then exit.

.Just checking: I only need to pay her for -one week during her break ? or 2 ? or? the rest of the months being unpaid ?

And what about the airfare ?She had to exit to get her new visa...do I pay half the airfare? many thanks -

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COMMENTS
axptguy38 14 yrs ago
Helpers get four kinds of days off:

- Leave between contracts. Two weeks unpaid. This can be deferred so she takes it within a contract. If her start date is on her return you owe her nothing for the month since she didn't work for you yet. If her start date was at the beginning of the month (before she left) and her leave was deferred, she gets paid for the month minus two weeks unpaid between-contract leave. You can also deduct 5 days from her accrued (paid) vacation. If her start date was at the beginning of the month and the leave was not deferrred, she gets paid for the whole month, and you can deduct 5 days from her accrued (paid) vacation.

- Vacation. Accruing iniitially at the rate of 5 days per year. You do not need to (but may) give any days off during the first year but they do accrue. These days are paid.

- Statutory holidays.

- Weekly leave.


For each contract length you owe her travel cost (not just airfare but door-to-door) from her home to yours and then baack. In this case you would owe one way, from the Philippines.

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starries 14 yrs ago
will pm you thanks guy 38 if you don't mind...

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axptguy38 14 yrs ago
Cara is correct. My bad. 7 days. It is all here in chapter 4 http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf


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starries 14 yrs ago
I appreciate your help - also because I cannot 'get 'the official govt handbook -it is not really clear to me - but then my own contract , and conditions, touchingly similar to a helper contract ,,is also confusing..cohesion and directness not being part of HKSAR govt info...

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axptguy38 14 yrs ago
If you call the Immigration Dept Hotline they can typically answer this sort of question.


There is a book on managing helpers called "Hiring and Managing Domestic Help". It's not a handbook for this kind of legal stuff but it does cover the important bits, plus links to further information.



"mwaaa haaa haa haa haa!"


ROFL. Very mature. :)

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Susie1 14 yrs ago
Starries, Has your new helpers contract actually began with you? is it finalised?

because if it isn't, then she goes to her home at her last employers expence.

When she comes back to Hk, then you pay her airfare into Hk from Home.

You do not need to start paying her anything until she is actually working for you once final contract has been signed. It normally takes 4 -6wks for the contract process.

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axptguy38 14 yrs ago
"then you pay her airfare into Hk from Home."


I know I keep nitpicking on this one but the employer should pay the entire travel expense including buses, trains, taxis, ferries, meals while in transit, and airfare.

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girlsoon 14 yrs ago
if she was terminated she have to wait her visa in her home country. Am i right?

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girlsoon 14 yrs ago
thanks for that info@cara

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