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Helper's leave

  1. #1
    Creme & caramel is offline Registered User
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    HK
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    Helper's leave

    I am completely at a loss, would very much appreciate if someone could help me clear it up.

    My helper started working for me last June, right after the completion of her 2 years' contract with a previous employer. By law she was entitled to a 2 weeks' leave b/w contracts, but she chose to postpone that leave.

    Now she asks that leave to be given to her in April, during Easter holidays. That would be after her 10 months with us.

    In that case should it be a two weeks/no pay/1 way ticket only leave? As a normal leave b/w 2 contract terms? I suppose, Her previous employer must have given her a compensation for a ticket back to the Philippines, as it's required by law.

    Or should it be regarded as a regular annual paid leave, 1 week, 2 ways tickets paid?

  2. #2
    miran is offline Registered User
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    A freind had the same situation and she asked labour dept what she was supposed to do. Technically - the helper's return ticket should be split between the last employer and the present one. The assumption being the last employer is paying her for her trip back and the new emploer for her trip to HK.

    As for holidays - she would be entitled to 7 days working leave after a year's work with you. This leave might be a grey area since it could be any number of days (in normal course she would be in her hometown for the length of her visa - processing).

    Would suggest you write in to the labour department and they would advise best. And you could improve on that post discussion with your helper, depending on what best suits your family and her.

  3. #3
    peainpod is offline Registered User
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    I don't think you owe her two weeks leave from the completion of her last contract. If she started with you 10 months ago, she has earned just under 1 week's leave as she gets a week per year for the first contract.

  4. #4
    peainpod is offline Registered User
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    To clarify, the two weeks owed from the completion of her last contract is the responsibility of her previous employer. If they didn't let her take it before she finished with them, then they should've paid her in lieu.

  5. #5
    lesliefu is offline Registered User
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    Legally speaking she should not get her leave till she completes her first contract and her postponing of leave from her previous employer, unless previously agreed by you, you are not responsible for giving that to her, her former employer should have given her compensation instead of leave..that is technically and legally speaking. Having worked 10mts, she is entitled to just under 1 week

  6. #6
    doanni2 is offline Registered User
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    I heard, not sure if that is correct or not, that they are entitled to a week of paid holidays AFTER the first year of contract. So if you give her days of holidays before the end of the first year, those do not count, and she is still entitled to her full week of holidays.
    We gave ours 2 MONTHS of paid holidays (summer) and paid for her trip to the Phil for that period, when she had been working for us for only 8 months, and then someone (I am not sure if it was one of the times I called Immigration to ask about other things) told me she had still the right to get her full week after the first year or to be compensated for that week.

  7. #7
    Creme & caramel is offline Registered User
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    Thank you very much for all the replies, ladies! After some consideration we had agreed that in this case it should be a non-paid 2 weeks leave and I pay only for the return ticket to HK.
    But recently my helper announced that she's likely to terminate the contract in May-June due to her family circumstances - her sister wants to employ her to have some extra help in family business.

    Though my helper still insisted on that April leave, I don't feel like giving it to her now, it makes more sense if she goes home when she finishes working here...

  8. #8
    carang's Avatar
    carang is offline Registered User
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    whether or not it makes sense. she is entitled to it afaik. also, if it has already been agreed, i would think it's not great for you to go against your own agreement with her because you are angry with her for terminating her contract. (if i have understood your post correctly).

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