When are helpers entitled to long-service pay?

My helper has been with us for almost 5 1/2 yrs. She's on her 3rd contract. If she leaves now, is she entitled to long-service pay or does she have to complete the 2 years?

Thank you!

This is what I found on the FDH Site of the HK Labour Government


Under what circumstances should an employer pay long service payment

to a helper?


A An employer should pay long service payment to the helper if he/she has

worked continuously for not less than five years, and :


�� is dismissed or the fixed term contract is not being renewed* by reason

other than serious misconduct or redundancy;


�� is certified by a registered medical practitioner or registered Chinese

medicine practitioner as permanently unfit for the present job and he/she

resigns;


�� is aged 65 or above and he/she resigns; or


�� dies in service.


Q8.3 Would a helper be entitled to severance payment and long service

payment simultaneously?


A No. A helper will not be simultaneously entitled to both long service

payment and severance payment. A helper dismissed by reason of

redundancy is entitled to severance payment but not long service payment.


Q8.4 How are severance payment and long service payment calculated?


A The following formula applies to the calculation of both severance payment

and long service payment :

[(Monthly wages x 2/3) x reckonable years of service Note]

Note Service of incomplete year should be calculated on a pro rata basis.

(For details of calculation, please refer to the booklet “A Concise Guide to

the Employment Ordinance”.)


*If not less than seven days before the date of dismissal/expiry of the fixed term contract in case

of severance payment, and seven days before the expiry of the fixed term contract in case of

long service payment, the employer has offered in writing to renew the contract of employment

but the employee has unreasonably refused the offer, the employee is not eligible for the

entitlements.

Thanks!