Helper annual leave

Hi,

our helper started working with us after completing her previous contract and therefore didn't go back to the Philippines in between jobs. I believe immigration requires her to go on leave within the first year of her new contract ( that is before September 2010).

I have a few questions I hope yo can help me with:

- can I ask her to go at a time that is convenient for me,

or can she choose when to go ?

(I would prefer she stayed here while we are traveling

over the summer).

- How many days is she entitled to? Paid or not paid?

-Do I have to provide her with a return ticket, or one way

should be covered by her previous contract?

Thanks.

If she chose not to take her vacation between contracts, that's entirely her choosing.


However, you must pay her ticket from Manila to HK - which, as she didn't return to the Philippines - is what you still owe her. Her previous owner owes her the one-way ticket from HK to Manila.


You owe her one week paid annual leave for every year that she works. So, if you fire her after three months, then there is a pro-rata schedule on the internet from Immigration which will explain how many paid annual days you owe her, for the three months worked. If you don't need to be so picky, you can just give her one week off each year.


I have not heard that Immigration says they must take holiday within the first year - I thought this was entirely up to helper and boss, but I can't say for certain.


The helper goes on holiday when it suits you. Of course, a decent boss will try to accommodate some holiday requests to keep their employees happy - much the same as if you asked your own boss for holiday time.


In terms of paid days - as I said, it's one week paid each year. Our helper, after three months, wanted a holiday, so we gave her two weeks - which she requested - but we only paid for one week. So she's already taken her holiday for the first year. We can let her have unpaid time off if it suits us, but we are under no obligation to do so.


Regarding the paid ticket - I believe you only own them a ticket home when they finish their contract??? Not sure about this.

Thank you Slammy.

She told me her previous employer gave her three paid weeks, but it seemed too much...at least for our budget.

Glad to hear that two weeks (only one paid) is a fair middle ground.

You don't need to give annual leave during the first year. The exception is deferred leave as in your case.


Paid "annual leave" accrues at the rate of 7 days per year but starting with year 3 the helper gets more days and they keep increasing up to 14 starting her 9th year of service. You must give leave during the second year and subsequent ones.


Additionally vacation leave (between contracts) is min. 7 days. Whether it is paid or not depends on the terms of the contract.


The third form of mandatory leave is statutory holidays.



If she has not yet taken some days and her contract ends, she can be paid money in lieu.


"Glad to hear that two weeks (only one paid) is a fair middle ground."


You cannot force your helper to take leave without pay (apart from vacation leave between contracts if agreed in the employment contract to be unpaid). However she can choose to take unpaid leave if you agree.



You can find all the info in section 4 here: http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf .



"However, you must pay her ticket from Manila to HK - which, as she didn't return to the Philippines - is what you still owe her. Her previous owner owes her the one-way ticket from HK to Manila."


Not just to Manila. The employer is required to pay for door-to-door transportation, from your door to hers. That means the whole trip including any flight, ferry, bus, taxi or train.

Thank you all for the explanation. I have a better understanding of my obligations now. Axptguy38, the gov. link is quite useful. By the way, I would never force my helper to take unpaid leave!

Sorry. I didn't think you would. I just wanted to make it clear.