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Helper not taking statutory holiday...

  1. #1
    lii
    lii is offline Registered User
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    Helper not taking statutory holiday...

    My helper has recently requested NOT to take her statutory holidays and asked for pay in lieu instead.

    She may do this again come Chinese New Year's.

    Are we entitled to pay them still even though I have told her that those are her holidays?

    What if I don't need her at home (ie: visiting relatives can help) or we're always out?

    Just wondering whether other people have encountered this.

    Lisa

  2. #2
    peainpod is offline Registered User
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    Hi Lisa,

    From the HKGovt Labour Dpt website, it says that it's actually illegal for the employer to pay an employee in lieu of a statutory holiday. By doing so, you would be liable for prosecution and up a fine of HK$50,000.

    Here's the link:
    http://www.labour.gov.hk/eng/faq/cap57f_whole.htm#q4

  3. #3
    lii
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    Many Thanks

    Thank you for your information. I didn't realize that it was illegal!

    I have already explained to my helper that what we did was illegal and will deduct it from her upcoming pay in January.

    Better to be safe than have this come back to bite me back in the butt later.

    Many thanks again peainpod.

    Lisa

  4. #4
    carang's Avatar
    carang is offline Registered User
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    so, she worked, you paid her and now you are going to deduct it? i would think that is illegal (as well as not ethical) too....why don't you pay her and then just not do it again?

    it might be a good idea when you are next in wan chai to head to immigration dept and get their pamphlet on the rules of employing a DH.

  5. #5
    peainpod is offline Registered User
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    Alternatively, you could arrange for your helper to take an alternative day off to make up for the stat day that she had already worked. Then it would be up to you whether you want to get back the money you paid her for working that day. (As carang said, if it's not that much money, maybe you can just give it to her as a gesture of goodwill (since it sounds like she needs the money.)

    The important thing is that you have now established it with your helper that you won't be paying in lieu of future stat hols.

  6. #6
    joannek is offline Registered User
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    we know that in some household, they do pay in lieu of stat holidays. it's just paid at the end of the contract, when you write on a separate sheet that she's received certain amt of money from you in lieu of holidays (which no one state what kind of holidays) & you keep that sheet to protect yourself, and no need to give your helper the copy.

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