【2022 International home helper’s vacation schedule】How you can calculate annual go away in your home helper? 4 key factors to recollect when making vacation preparations

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

On this Kwiksure article, we’ll study the right way to calculate the 4 kinds of holidays for overseas home helpers (FDHs), and whether or not these helpers can work on a vacation. Hopefully, it will serve to assist employers abide by the legislation.

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

There are 4 kinds of holidays that FDHs are entitled to, specifically statutory holidays, relaxation days, paid annual go away and trip go away.

1. 2022 Statutory Vacation Schedule for International Home Helpers

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

It needs to be famous that statutory holidays are usually not public holidays (“pink 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 least 48 hours prematurely, and make-up go away 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 (below the Employment Ordinance, staff are entitled to at the least at some point off for each 7 workdays). The employer should permit the worker to take pleasure in a day without work on the day following the remainder day, and can’t substitute this with cash.

In 2022, there will likely 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. How you can calculate the annual go away of overseas home helpers, is it attainable to substitute go away with cost?

The variety of days of paid annual go away for FDHs will depend on her size of service with the employer. Paid annual go away 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 offer them paid annual go away in proportion to their size of service accomplished.

As well as, and that is the place paid annual go away differs barely from statutory holidays – offered the FDH has gathered greater than 10 days of annual go away, and if each the employer and helper agree, the employer pays the helper to forfeit that a part of her gathered annual go away 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 remainder day doesn’t should fall on Sunday. The employer can repair a day (corresponding to each Wednesday), or it may be totally 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 could be fined as much as HK$50,000. Nonetheless, offered the home helper agrees, a make-up day without work could be organized, however the make-up go away have to be earlier than the unique relaxation day in the identical month, or inside 30 days after the unique relaxation day.

4. How you can calculate sick go away for the FDH?

When the home helper falls unwell, offered she has a health care provider’s certificates, she will be able to take pleasure in 2 days of paid sick go away per thirty days within the first 12 months of employment, and that may enhance to 4 days of paid sick go away per thirty days after the primary 12 months of service. Unused sick go away could be gathered, as much as a most of 120 days. Paid sick go away pay is 4/5 of the typical each day pay.

5. Is trip go away paid or unpaid?

If the home helper and the employer comply with renew the employment contract, below the “Commonplace Employment Contract”, the FDH should return to her native land for at the least 7 days of trip go away 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 go away is paid or not will rely on the wording of the contract. Lastly, if the employer has utilized for an extension of the interval of keep (often for no a couple of 12 months), and the home helper can not return to her native land instantly for trip, the employer should present the holiday go away inside the prolonged interval of keep.