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Easter Hols for Helper

  1. #9
    zac08 is offline Registered User
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    yes it is still valid. it has always been the law. i just think it's silly and have always ignored it. it is ultimately up to the employers how humane they wish to be.

  2. #10
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    nicolejoy is offline Registered User
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    This is what the file I posted earlier says:

    All foreign domestic helpers, irrespective of their length of services, are entitled to the following 12 statutory holidays in a year.

    (it includes Ching Ming, but not Easter)

    Then it goes on to say:

    If the helper has been employed continuously by the employer for three months preceding any of these holidays, he/she is entitled to the holiday pay.

    I don't know what the "holiday pay" that they're talking about is, but to me it still seems to say that ALL helpers are entitled to the holidays, regardless of how long they've worked for you...

  3. #11
    Aava.Wong is offline Registered User
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    Quote Originally Posted by zac08 View Post
    Aava.Wong - according to this website you've listed, Monday is NOT a statutory holiday. Only Tuesday, Ching Ming Festival.
    tuesday is the "day" following ching ming festival so monday the 5th of april is still a stat hol.

    my helper started working from nov 2009 but i let her have all the stat hols since the start of her work. it really depends on you and how much you need her around. personally, i'd like to be with my family on my days off so i let her visit friends/relatives when i'm home with bub and hub.

  4. #12
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    nicolejoy is offline Registered User
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    Ok I googled a bit - and this is what I understand: you MUST allow them to take the day off, but if they've worked for less than 3 months, you can deduct the day's wages from her pay (after 3 months, it is a paid day off). But they MUST be allowed to have the day off regardless of how long they've worked for you.

  5. #13
    beckveldman is offline Registered User
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    Sorry to be pedantic, but Monday is not a statutory holiday. Only Tuesday.

    Ching Ming (and Cheung Yeung) are usually designated as statutory holidays, but if the day of the festival falls on a general rest day (which Easter Monday is) then the statutory holiday is granted for the following (or next non-general holiday) day.

    Having said that, we have personally always chosen to gift our helpers the three additional general Easter days. But we gently make them aware that these are additional days off at our discretion, not a requirement - largely to avoid the spread of confusing ideas of entitlement like in this thread!

    By the way, Buddha's birthday next month (Friday 21 May) is also not statutory. There are 5 general holidays on the HK calendar which are not statutory: the three Easter days, Buddha's birthday, and Boxing Day.

  6. #14
    FutureHKmom is offline Registered User
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    The official statutory holiday is April 5 (Monday). I don't think Easter Monday is a general rest day - it's a public holiday. It's one thing if you want to give it to your helper as a day off as many people do, but under the law, it is not considered a rest day. See this labor department website which shows that April 5 is the statutory holiday. Labour Department - What's New

  7. #15
    LeahH is offline Registered User
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    In general, we try to give our helpers public holidays as well as the statutory ones.

    However, if it's a long break, we might ask them to come in for an afternoon in the middle. They usually offer to do this as they know we will make such a mess without them it will be easier on them in the long run :)

  8. #16
    piper is offline Registered User
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    Thanks for the replies!!!

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