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侯爵府

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2019新春慶豚圓 2019勳章 醒目開學勳章


發表於 04-4-3 19:10 |顯示全部帖子

請各位有同工人續第二個約的媽媽回應下~~~

今日我朋友打黎問我,佢個印印已經做滿了兩年,明天就開始放兩個星期假期返印尼,之後返黎再做,咁樣佢放呢兩個星期大假究竟響下個月出糧時有無錢喎!咁我問過d有同印印續第二個約的媽媽及我的agent都話工人返印呢o個兩個星期係無錢架!但我個friend就話我地香港打工仔放大假時老細都唔會扣我地o既月薪啦~~我個friend重話係d agent咁做呃d工人喎!


大宅

積分: 2662


發表於 04-4-3 20:01 |顯示全部帖子

Re: 請各位有同工人續第二個約的媽媽回應下~~~

I think the maid is entitled 14 days paid annual leave upon expiry of her contract.
According to the labour ordinance, the annual leave entitlement should be 7 days for the 1st and 2nd year and 8 days for the 3rd and 9 days for the 4th and so on. If so, should I give the maid 17days (8+9) of annual leave upon her expiry of a second contract or this policy does not apply to domestic helpers


別墅

積分: 592


發表於 04-4-3 20:03 |顯示全部帖子

Re: 請各位有同工人續第二個約的媽媽回應下~~~

angelfan07 寫道:
今日我朋友打黎問我,佢個印印已經做滿了兩年,明天就開始放兩個星期假期返印尼,之後返黎再做,咁樣佢放呢兩個星期大假究竟響下個月出糧時有無錢喎!咁我問過d有同印印續第二個約的媽媽及我的agent都話工人返印呢o個兩個星期係無錢架!但我個friend就話我地香港打工仔放大假時老細都唔會扣我地o既月薪啦~~我個friend重話係d agent咁做呃d工人喎!


There are BIG difference for [Annual Leave] and [Home Holidays].

1. Annual Leave:
You should let your domestic helper to take her annual leave within the 2 years service contract and it is a paid leave. That's mean you should pay her salary.

2. Home Holidays:
After 2 years service contract, under HongKong Immigration Dept.'s regulation your domestic helper should leave HongKong at least 7 days before she start her second 2 years service contract and this holidays, you do NOT need to pay her salary.

So, you should clarify the 14 days is her annual leave or home holidays.


大宅

積分: 2662


發表於 04-4-3 20:11 |顯示全部帖子

Re: 請各位有同工人續第二個約的媽媽回應下~~~

KKParent,

If the maid takes the 14 days annual leave during the contract but not at the end of it and she would have the 2nd contract with the same employer. Does you need to take the 7 days home holidays after finishing the 1st contract


別墅

積分: 592


發表於 04-4-3 20:24 |顯示全部帖子

Re: 請各位有同工人續第二個約的媽媽回應下~~~

HINPA 寫道:
KKParent,
If the maid takes the 14 days annual leave during the contract but not at the end of it and she would have the 2nd contract with the same employer. Does you need to take the 7 days home holidays after finishing the 1st contract


The answer is YES. I asked HK Immigration Department before. They told me that the domestic helper had to leave HONGKONG at least 7 days before she started the second contract even they were not back to her country. They also told me that if the domestic helper could not leave HK at the end of the first contract. She can still start the second contract but her VISA just only ONE YEAR and the employer should let her leave HK in the first year of the second contract.
Of course, the employer no need to pay the Air ticket and salary for those holidays.


洋房

積分: 65


發表於 04-4-3 21:37 |顯示全部帖子

Re: 請各位有同工人續第二個約的媽媽回應下~~~

印印放假是有錢的但應該她離開香港前就要給他,因為這是合約制, 工人是每年可享有7天有薪假期, 兩年就可享有14天, 與政府的合約工務員相同, 合約滿時便可取回合約中所訂的獎金或福利, 所以你的friend話個月出糧時有無錢喎, 梗係無啦, 因為她需要印印這個contract完結時就要付清, 待印印回港時便重新開始計算才是正確


大宅

積分: 2662


發表於 04-4-3 22:16 |顯示全部帖子

Re: 請各位有同工人續第二個約的媽媽回應下~~~

KKParent,

Thanks for your reply.
My maid told me overseas domestic hepler has to leave HK for not less than 7 days for every 2 years. If she takes her 14 days annual leave to fly back to her country, even though not at the end of her contract, she has still fulfilled the above requirement. Therefore, she could start the 2nd contract without leaving HK. Is she right


別墅

積分: 592


發表於 04-4-4 18:28 |顯示全部帖子

Re: 請各位有同工人續第二個約的媽媽回應下~~~

HINPA 寫道:
KKParent,
Thanks for your reply.
My maid told me overseas domestic hepler has to leave HK for not less than 7 days for every 2 years. If she takes her 14 days annual leave to fly back to her country, even though not at the end of her contract, she has still fulfilled the above requirement. Therefore, she could start the 2nd contract without leaving HK. Is she right


Of course NOT. My maid also almost finished her first contract in next few months. I double checked this regulation with Immigration Department serveral times. They gave me the same answer. Annual leave which was taken before the end of first contract back to home can not fullfill the requirement. She, domestic helper must leave HK at the end of the first contract.
If you have doubt, please give a ring call to Immigration Department hotline. Do NOT trust your maid easily. They will protect their benefit in the frist priority, right.

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