Gentle Reminders for new employers and new helpers:
According to the Employment Ordinance, all employees are entitled to the above statutory holidays. Therefore, 18 June 2018, Monday(Tuen Ng"Dragon Boat" Festival) and 1 July 2018, Monday(Hong Kong Special Administrative Region Establishment Day) are also the statutory holidays of the foreign domestic helpers.
Helpers who are working less than three months are also entitled to statutory holiday (without pay-- that means employers should let their helpers enjoy the two holidays and deduct their 2 days salary). If the helper have been employed continuously for three months, she is entitled to have the holiday with pay.
Employer may require helper(s) to work on a statutory holiday. However, the employer must:
give notice to helpers for not less than 48 hours in advance ;
- within 60 days before or after the holiday, arrange an alternative holiday for the helpers.
Q: If helper(s) agree, can employers give an additional statutory holiday pay in lieu of granting him / her a replacement of an alternative holiday?
A: NO. An employer who violates the above requirements may be prosecuted. Upon conviction, the employer is liable to a fine of HK $ 50,000.