Home helpers are human in any case, and they should take holidays to loosen up from time to time, identical to the remainder of us. Employers who rent Indian or Filipino maids ought to have a transparent concept of when their helpers can be on depart and plan accordingly. In any other case, employers might find yourself considering that the home helper is there to assist them when she is on depart. What’s even worse is, when an employer thinks they’ll pay their helper to purchase out their holidays, they could possibly be in violation of the Employment Ordinance. 

On this Kwiksure article, we’ll look at calculate the 4 varieties of holidays for overseas home helpers (FDHs), and whether or not these helpers can work on a vacation. Hopefully, this may serve to assist employers abide by the legislation.

4 key factors to recollect when making vacation preparations for home helpers

There are 4 varieties of holidays that FDHs are entitled to, specifically statutory holidays, relaxation days, paid annual depart and trip depart.

1. 2022 Statutory Vacation Schedule for Overseas Home Helpers

Underneath the Employment Ordinance, all overseas home helpers are entitled to native statutory holidays (also referred to as labor holidays).

It must be famous that statutory holidays are usually not public holidays (“purple days”/financial institution holidays). In different phrases, Good Friday, the day after Good Friday, Easter Monday, and the primary workday after Christmas are usually not holidays for FDHs.

PSA: Whatever the size of service, even when the overseas helper has solely been in her job for at some point, the employer should permit the overseas helper to take statutory holidays. It’s an offense to not permit the FDH to take these holidays, or to attempt to purchase out these holidays from the FDH.

Nonetheless, if each the employer and the home helper agree, the overseas home helper can truly work on statutory holidays, offered discover is given to the FDH at the very least 48 hours prematurely, and make-up depart inside 60 days is organized. Even when the helper agrees, their statutory holidays can’t be purchased out! In any other case, the employer faces a most fantastic of HK$50,000!

As well as, if a statutory vacation coincides with an worker’s relaxation day (beneath the Employment Ordinance, staff are entitled to at the very least at some point off for each 7 workdays). The employer should permit the worker to get pleasure from a break day on the day following the remaining day, and can’t substitute this with cash.

In 2022, there can be a complete of 13 days of statutory holidays for home helpers, which is at some point greater than for 2021 because of the addition of Buddha’s Birthday.

2. calculate the annual depart of overseas home helpers, is it attainable to substitute depart with cost?

The variety of days of paid annual depart for FDHs is dependent upon her size of service with the employer. Paid annual depart begins from 7 days and will increase by 1 day for yearly of service accomplished, as much as a most of 14 days. So long as the home helper has labored for 3 months, the employer is required to provide them paid annual depart in proportion to their size of service accomplished.

As well as, and that is the place paid annual depart differs barely from statutory holidays – offered the FDH has accrued greater than 10 days of annual depart, and if each the employer and helper agree, the employer will pay the helper to forfeit that a part of her accrued annual depart in extra of 10 days.

3. Are home helpers allowed to work on relaxation days?

Underneath the Employment Ordinance, overseas home helpers are entitled to at least one relaxation day for each seven workdays, and the remaining day doesn’t need to fall on Sunday. The employer can repair a day (corresponding to each Wednesday), or it may be completely different each month. Nonetheless, if that is so, the employer should inform the home helper which days are relaxation days earlier than the start of every month.

As well as, until there’s an emergency, the employer can not require the home helper to work on a relaxation day. Underneath the legislation, the home helper is entitled to a relaxation day of not lower than 24 consecutive hours each 7 days, and violators will be fined as much as HK$50,000. Nonetheless, offered the home helper agrees, a make-up break day will be organized, however the make-up depart should be earlier than the unique relaxation day in the identical month, or inside 30 days after the unique relaxation day.

4. calculate sick depart for the FDH?

When the home helper falls in poor health, offered she has a physician’s certificates, she will get pleasure from 2 days of paid sick depart per thirty days within the first yr of employment, and that may enhance to 4 days of paid sick depart per thirty days after the primary yr of service. Unused sick depart will be accrued, as much as a most of 120 days. Paid sick depart pay is 4/5 of the common each day pay.

5. Is trip depart paid or unpaid?

If the home helper and the employer comply with renew the employment contract, beneath the “Customary Employment Contract”, the FDH should return to her fatherland for at the very least 7 days of trip depart after the completion of the unique 2-year contract and earlier than the beginning of the brand new contract. Nonetheless, whether or not the holiday depart is paid or not will rely upon the wording of the contract. Lastly, if the employer has utilized for an extension of the interval of keep (often for no multiple yr), and the home helper can not return to her fatherland instantly for trip, the employer should present the holiday depart throughout the prolonged interval of keep.