Understanding the regulations for foreign domestic helpers' holidays

Foreign domestic helpers come to Hong Kong from their hometowns to work and earn a living. As an employer, it is essential to provide them with holidays in accordance with the Employment Ordinance. Apart from safeguarding the physical health of domestic helpers, adequate rest is also beneficial for their mental well-being. Allowing them time off enables them to explore, connect with fellow compatriots, alleviate homesickness, and recharge for future work. Understanding and appropriately scheduling foreign domestic helpers' holidays are crucial to prevent work-related stress from accumulating. Failure to grant holidays may result in legal violations and fines for employers. It is important to familiarize yourself with the relevant regulations regarding domestic helpers' time off.

Types of Foreign domestic helpers Holidays

According to the Employment Ordinance, there are four main categories of holidays: rest days, statutory holidays, paid leave, and other holidays. The detailed regulations for each type of holiday are as follows:

1. Rest Days:

Foreign domestic helpers(FDHs) are entitled to at least one rest day within every seven-day working period, comprising a minimum continuous break of 24 hours. Employers cannot compel FDHs to work on their rest days, except in emergencies. Any violation of this provision is subject to a maximum fine of HK$50,000. Employers can determine whether rest days are fixed (notified once) or unfixed (monthly notification). While unfixed rest days are at the discretion of the employer, open communication and agreement with the domestic helper can foster a positive employer-employee relationship.

If an employer requires a FDH to work on a rest day, consent must be obtained, and the rest day must be rescheduled within 30 days of the original date. Notification of this rescheduled arrangement must be provided to the domestic helper within 48 hours of the original rest day.

2. Statutory Holidays:

The Labour Department announces the statutory holidays each year. Employers are obligated to grant FDHs time off on these days; failure to do so is a violation of the law. Starting from 2023, the number of statutory holidays increased from 13 to 14 days. The statutory holidays for 2024 are as follows:

If the FDH has been working for the employer continuously for three months or more, statutory holidays become paid holidays.

If a statutory holiday coincides with a rest day, the employer should allow the FDH to take a compensatory holiday on the day following the rest day. This compensatory holiday should not overlap with statutory holidays, other designated holidays, substitute holidays, or rest days.

Example:

If the FDH's rest day is on a Sunday, and you choose Christmas Day (December 25, 2021) as a statutory holiday. Since Christmas Day falls on a Sunday, the employer should arrange for a compensatory holiday on the following day (December 26). However, this day must not be a statutory holiday, another designated holiday, a substitute holiday, or a rest day.

3.  Paid Annual Leave:

FDHs are entitled to paid annual leave after working for every 12 months, and the annual leave entitlement increases with the length of service.

Years of Service - Paid Annual Leave Entitlement

1 year: 7 days

2 years: 7 days

3 years: 8 days

4 years: 9 days

5 years: 10 days

6 years: 11 days

7 years: 12 days

8 years: 13 days

9 years or more: 14 days

FDHs generally need to provide written notice to the employer 14 days before taking annual leave. However, if both parties agree, shorter notice periods may be accepted. If annual leave overlaps with a rest day or statutory holiday, it should be treated as annual leave, and the employer must arrange compensatory rest days or holidays for the FDH.

4. Other Leave:

i) No Pay Leave: Requires mutual agreement and does not affect the protections under the Employment Ordinance. Employers cannot force FDHs to take No Pay Leave.

ii) Contract Renewal Leave: According to the Standard Employment Contract, if a FDH and employer agree to renew the contract, the FDH is entitled to at least 7 days of leave before the new contract begins. Whether this leave is paid or unpaid depends on the terms specified in the contract.

In addition to arranging contract renewal leave, remember to purchase insurance for the FDHs and provide the necessary information and effective date through the insurance company's website or mobile application after the successful renewal of the work visa.

Some FDHs may want to maximize their earnings, and there may be situations of "buying leave," where they propose to the employer to exchange pay for time off or seek additional work during days off. Both of these practices violate the law. The Labour Department has clarified that even if FDHs agree, pay cannot substitute for leave. If an employer requires an FDH to work on a statutory holiday, arrangements for compensatory leave must be negotiated with the FDH. As for substitute work arrangements, a declaration must be signed according to the Immigration Ordinance, specifying the workplace and employer. Engaging in substitute work is a violation of the Immigration Ordinance. Employers and FDHs may face fines or a ban on working in Hong Kong. For more details, refer to another article - Foreign Domestic Helper falls seriously ill right after arrival! Is the employer required to take responsibility?

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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use