As a business owner, it is always better to know about the rules and regulation concerned with the employees especially when it comes to holidays. It is essential to note that Statutory holidays are for all the employees according to Labor Department. That means it is not only for professional workers but also for domestic workers. On that account, all the foreign domestic workers in Hong Kong can have 14 statutory holidays regardless of their period of service. Knowing the rules about statutory holiday for domestic helper 2024 can help you avoid potential legal issues. And, applying them can make you a compassionate employer with the consideration for workers’ well-being and rights. Therefore, here is complete guide for rules about statutory holiday for domestic helper.
Statutory Holidays for Domestic Helper 2024
For 2024, the statutory holiday for domestic helpers are as follow.
- New Year’s Day – January 1
- Lunar New Year’s Day – February 10
- The second day of Lunar New Year – February 11
- The third day of Lunar New Year – February 12
- Ching Ming Festival – April 4
- Good Friday – March 29
- The day following Good Friday – March 30
- Easter Monday – April 1
- Labour Day – May 1
- Tuen Ng Festival (Dragon Boat Festival) – June 10
- Hong Kong Special Administrative Region Establishment Day – July 1
- National Day – October 1
- Mid-Autumn Festival – September 17
- Chung Yeung Festival – October 11
- Christmas Day – December 25
- The first weekday after Christmas Day – December 26
Besides statutory holiday, there are also Hong Kong public holiday: Good Friday, Easter Saturday, Easter Monday, Buddha’s Birthday and Boxing Day. Even though most of the employers gives day off on that day, it is not mandatory.
Employer Rules and Responsibilities
- Require to work on statutory holiday: You have to give him/her: not less than 48 hours’ prior notice; and an alternative holiday within 60 days before or after the statutory holiday.
- Forfeit a statutory holiday in exchange for extra wages with employee consent: You must not make any form of payment to your helper in lieu of granting a statutory holiday. An employer who without reasonable excuse contravenes this provision is liable to prosecution and, upon conviction, to a maximum fine of HK$50,000.
- Statutory holiday falls on worker’s rest day: Employer should grant holiday on the next day which is not a statutory holiday or an alternative/substituted holiday or a rest day
- Annual leave includes rest days and statutory holidays: Any rest day or statutory holiday falling within the period of annual leave will be counted as annual leave. Another rest day or holiday must be appointed.
Best Practices for Employers
It is better to plan holiday schedule ahead at the beginning of the year and have the proper communication with the domestic helper to discuss about the required work on statutory holiday and plan it in advance. If necessary, make compensatory agreement. However, you have to make sure to always follow the labor laws and regulations to avoid legal issues and have good relationships with employee. By keeping this guide, you can you navigate rules about statutory holiday for domestic helper in a glance.
This blog was written by taking the legal information from the “Practical Guide for Employment of Foreign Domestic Helper” issue by Hongkong Labor Department.