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.
Can I “buy” the paid holiday from the foreign domestic helpers?
According to the Employment Ordinance, foreign domestic helpers(FDHs) are entitled to rest days, statutory holidays, and paid annual leave, among other benefits. Employers should discuss arrangements with their FDHs , such as whether rest days are fixed or flexible, as soon as possible after their arrival or even during the interview. Employers usually hire FDHs for tasks like housework, childcare, or elderly care. Sometimes, there may be a need for their services on the FDH’s rest day. Can employers request to compensate them with wages in lieu of the leave day, in addition to requesting leave changes? And, would such arrangements violate the Employment Ordinance or the employment contract?