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what does the labour law say??

  1. #1
    pearldots is offline Registered User
    Join Date
    Dec 2006

    what does the labour law say??

    Hi everyone,

    I have a full time helper , and i pay her full salary + 4 holidays.The thing is that i was out for a holiday for 10 days , what i want to know is, is it legally right to cut her salary for those extra 6 days which she is not entiltled to?4 days which she took off.i will ofcourse cut....but i am not too sure if i can cut those extra 6 days which i gave her holiday and she didnt work for me as i was out of town.She says i must pay it so??I even felt like checking it from the labour dept....but first i thought i will check it out here!!

    Anyone knows the answer to this,please help...whats the right thing to do,i dont want any complications later.


  2. #2
    carang's Avatar
    carang is offline Registered User
    Join Date
    Sep 2004
    Sai Kung
    as far as in know, it's not her fault you went on holidays. she was prepared to work and you MUST pay her. you went on holidays, she didn't. if you chose to not have her come to work, that's your decision.

    but i would suggest you contact the labour dept. jsut to make sure.

    besides, if you take a minimum wage of $3400*12 months/365 days, you get a daily wage of $111. so, really, deducting 4 days pay???

  3. #3
    spockey is offline Registered User
    Join Date
    Feb 2007
    Must agree with carang.

    We don't deduct wages on days where we've taken off on a holiday or gone out and left her alone. We have someone who is sensible enough to find things to do. Our DH is not the sort to idle her day away. So, in instances like this, we let it go.

    On a more important note, we make a lot more money than they do! What's $111 a day to you? Can you find someone to do the work they do for that price?

    Gosh! I would think there is no need to consult the labour law here. A little compassion would probably be appreciated by your nanny/housekeeper/petkeeper/security guard.

  4. #4
    HappyV is offline Registered User
    Join Date
    May 2005
    I agree with the previous two posts.
    How would we feel if our employers took holidays and then refused to pay us becuase they were 'out of the office'?
    When you sign a contract with a DH, you sign it for two years - what you chose to do with your time in that period is your decision - you are legally obligated to pay her salary, whether you are in HK, on holiday, or whatever.
    This same question gets asked on a fairly regular basis on this forum, and it surprises me that so many employers think it's in any way legally or morally OK to deprive a DH of their pay for this reason.

  5. #5
    joannek is offline Registered User
    Join Date
    May 2005
    Hong Kong
    it's by law you have to pay her. you both signed a 2-year contract stating that you will pay her during these 2 years & she'll work for you. only except if she wants to get no pay leave. it's not her choice that you're going away on holidays, plus you can still get her to do cleaning for you in the house, while you are gone.

  6. #6
    mailmail is offline Registered User
    Join Date
    Mar 2007
    Hong Kong
    Just like in an office situation, will you boss stop paying you during the days when he has to be out of the office eg business trips, meetings etc?
    The same mentality should be applied to your helper. Your home is essntially the office, her workplace, SO treat her the way how you would want your boss to treat you.....Be Fair!

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