Like Tree1Likes
  • 1 Post By Claire ex-ax

Helper's leave in advance and annual leave shutdown

Closed Thread
  1. #1

    Join Date
    Apr 2010

    Helper's leave in advance and annual leave shutdown

    Can annual leave be taken few months in advance before the anniversary of helper's employment or would any leave granted before the leave year be considered additional leave?

    Annual leave is paid but what about any additional leave? The domestic helper standard employment contract stipulates if the home leave after two years of service is paid or unpaid. Is additional leave considered to be equivalent to home leave or does this situation constitute annual leave shutdown?

    Following quotes are from the labour department website regarding Annual Leave Shutdown

    "Where an employee is not yet entitled to paid annual leave in respect of any day during the period of shutdown but he has to stop work as a result, he should be granted paid annual leave during that whole period."

    "The common leave year elected by the employer should not be affected by an annual leave shutdown as the annual leave granted shall be in respect of the leave year immediately preceding the period of the shutdown."

    If I understood this correctly annual leave cannot be granted in advance at least if there is annual leave shutdown.

  2. #2

    Join Date
    Oct 2006
    Sarcasm - because beating the crap out of people is illegal

    You are getting confused about the sections of the Employment Ordinance for the general working population (your link) and how some sections pertain to foreign domestic helpers.

    See this: Practical Guide For Employment of foreign domestic helpers

    And the "annual leave shutdown" is for those companies that close down for a period (usually at Chinese New Year) not for domestic premises.

    huja likes this.