Posted by
jingaling
18 yrs ago
The next statutory holiday falls on Sunday, and our helper has worked with us less than 3 months. Does it mean we have to pay her additional 1 day's salary? Thanks.
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TC
18 yrs ago
You are obliged to give her the day off, and if it falls on her normal rest day then you are supposed to give her the next day off. As she has worked for you for less than 3 months she is not entitled to be paid for the statutory holiday, but you are still free to pay her.
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Wella ctually 2 oct is the public holiday (1st) observed.
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Thanks all. TC, I'm kinda clueless about the 3 month rule. Does that mean we should use this formula within 3 months: monthly salary - number of statutory holidays in October*(monthly salary/number of days in October) to determine her salary for October?
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qvong
18 yrs ago
Jingaling...You really should give her the day off and pay her for the day. Unless she is a completely incompatent and you don't like her...you need to give her an incentive to want to work for you. If you tit for tat her and it hasn't been 3 months she'll just be going through motion for you and not go an extra mile. They are here to make money, $100 is a lot to them.
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disagree completely with gvong. your helper is on probation. she does not qualify for paid leave yet. simple. my helper who's been here 7 years did not expect paid leave on holidays when she started with us.
actually, I'm not sure if TC is right about having to give her the day off on Oct 2(observed) if she is still within the first three months. remember that there are several statutory holidays in October this year.
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I am new in this too and i am confused. please clarify further. so i give my helper sunday and monday off........... and i pay her for sunday? is this right? i dont understand, if i give her the day off, why must i still pay her? can somebody explain this to me. i am genuinely confused. thanks.
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You mentioned "giving her the day off"; you are actually following the law as everyone is entitled to statutory holidays as according to the law.
Sunday is treated as a normal rest day. Monday 1st is a statutory holiday.
HK law provides for statutory holidays with pay and in general workers are not docked a day's pay for statutory holidays. [I would be interested to know your home country where this happens.]
In the case of a DH, the 3 month rule applies - if your DH has worked continuously for you for 3 months preceding any statutory holidays, she is entitled to be paid for that holiday. Before the three months, she is entitled to the holiday but without pay.
-----------------------
Cap 57: Employment Ordinance
Sec. 39
(4) Where-
(a) a statutory holiday falls on a rest day, the employee shall be granted a holiday on the next day thereafter which is not a statutory holiday or an alternative holiday or a substituted holiday or a rest day;
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Honestly....
Just pay your helper her regular salary at the end of the month. If you start off by sticking exactly to the letter of the law in this way, then where will you be when there is an emergency on her day off and you really need her help?
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On the other hand...if you get to month two or three and find your helper is a hopeless case who needs to be terminated or she ducks out on you, you will have spent $100 for nothing.
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claire, i am from malaysia but i dont know the labour law in malaysia either as i dont live there and i have never had a helper before, not even in malaysia or anywhere else up till now. i was genuinely ignorant in this. so please keep your sarcarsm to yourself.
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oh and thanks barbara, for providing the information. really appreciate it.
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Claire is actually a bit wrong anyway. During the three months probation employees must be given the day off, but they are not entitled to the pay. And for every ones edifice, most of the service industry does not pay statutory (or sick leave) holidays during probation
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There are three statutory holidays in October. As chefcrsh stated, I doubt any professional services firm is going to pay workers within the first three months of employment for those days. They will get the day off, but they will not get paid. Most helpers will also choose to work the statutory holiday if it falls within their first three months. If you were running your own business and didn't put your employees on probation first because you want to be nice, then you probably wouldn't have a business for long.
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Actually I work in a big hotel. All staff have 3 months' probation, and get paid for all holidays during that time.
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qvong
18 yrs ago
geiboyi completely agree with your comment. You start treating her strictly as a business relationship you will regret when you really need her on the day off.
tsiuwah...do as your heart desire. But I am simply saying, it's great to receive when you are not expecting. I am sure if her helper knows the rule she wouldn't expect that extra $100 but if she got it, it would be a nice and apreciative gesture by her NEW Emplyoer. Companies still pay their employees and give them a day off when there is a holiday even during their probabion period so how do you think this differs? Would make you want to work harder don't you think if your employer gave you an incentive right. Helpers are here to help and make money for a living too you know.
Do as your heart desires or lack there of.
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tiger, so if i just pay her her usual pay adn give her the day off, i dont have to pay her another $110 or so for the holiday. am i correct? just want to make sure that i am doing the right thing here and not breaking the law. when you say you have to pay her for the statutory holiday, does it mean money on top of what you are already paying her monthly?
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No Can't make her work on the holiday unless you give another day off in leiu. So you either pay the full amount (pay the holiday) or make it a no pay leave day and reduce the salary by that amount. Every Hotel and Restaurant group I have worked with in Hong Kong (all big multinationals) does not pay for public holidays before probation. They also mostly pay 2/3rds for sick days and do not allow paid sick days until after probation. I know that offices are not the same. But most offices also give all general holidays where the service industry only affords the statutory holidays.
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TC
18 yrs ago
The following document (from the Labour Dept website) has the relevant information:
http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
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thank you, barbara and tiger. i understand it now. i intend to pay the full month pay anyway, regardless of holiday or not. but i misunderstood that i also have to pay extra 110 on top of that. thanks for clearing that for me.
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