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Statutory Holidays in May

Labour Day on 1st of May and Buddha’s Birthday on 8th of May are statutory holidays.

Employers are required by law to give all statutory holidays off. If a statutory holiday falls on a domestic helper’s rest day, she must be given that day off and the following day. Read more about statutory holidays here.

With the flight suspension on the Philippines lifted, your domestic helper may wish to travel home to the Philippines or she/he may need to go back to fulfill the home leave requirement. 

For many domestic helpers, it has been a long time since they were able to return home to the Philippines to see their family. We recommend employers to have an open discussion to understand each other’s needs and to work out a plan that works for everyone. Allowing your helper to return home will be beneficial for their long-term commitment to the job. This will help alleviate homesickness and allow the helper to return and be more motivated to work for a long period of time.

Due to COVID-19, travel is no longer the same and requires more time to plan. We have prepared a quick guide on important points to note when arranging for your helper to travel home. 

1. Home Leave requirements 

Although the Government allows helpers who are unable to return to their place of origin within the one-year period to apply to the Immigration for a further extension of visa until the end of their contract in light of the COVID-19 pandemic. The flexibility arrangement must be mutually agreed between the employer and the helper. The requirement that helpers should return to their place of origin continues to be in place. Employers should arrange for their helpers to return to their place of origin within the extended visa period. While the uncertainties due to COVID-19 are not ideal, many domestic helpers have understandable reasons to return home. We recommend having a written and signed receipt and record of the home/vacation leave arrangement. 

If the domestic helper decides to return to the Philippines in order to fulfill the home/vacation leave requirement or due to a family emergency, here are some points to consider and discuss:
  • Duration: How long will the domestic helper be away? What may cause delays or extensions?

  • COVID-19 Impact: What are current travel and quarantine requirements you should be aware of? What documents will he/she need to prepare prior to travel?

  • Vaccination: Has your helper gotten all required vaccination doses as required by Hong Kong and the destination country? Do they have the proper vaccination records for international travel? 

  • Expenses: What are other potential expenses? 

  • Flights: Are there flights available? Who will pay for the flights?

  • Hotels: Have flights been confirmed before booking the quarantine hotel in Hong Kong? 

  • Pre-departure COVID-19 tests: What is the travel requirement for travellers arriving into the Philippines? 

  • Keeping in touch: How will you communicate with each other and how often? Keep in mind that internet connection may not be easily accessible.

2. Quarantine Hotel & Flights

Employers can book from a list of designated quarantine hotels for their domestic helpers here. When making a reservation at a designated quarantine hotel for their workers, employers should decide on their workers’ quarantine arrangement and make a reservation for a quarantine room for 7 nights or 14 nights accordingly. After the 7 or 14 day quarantine period, workers are to undergo a 7 day self-monitoring period. During this period, the employer may arrange their helper to stay at licensed hotels or guesthouses instead of their home. The list of licensed hotels and guesthouses can be found here. You cannot book any designated quarantine hotels for this 7-day self-monitoring period. 

When it comes to flights, the employer is responsible for two flight tickets in each employment contract, one from the home country to Hong Kong and one from Hong Kong to the home country. We recommend employers book hotels after confirming the flight availability and remember to check the refund or modification clause of the airline to see if they can arrange a refund or change the date in case of any sudden changes.

Read more about boarding and quarantine requirements in our Get Answers article here on what documents to prepare and information on where to get pre-departure tests in Hong Kong and in the Philippines.

3. Salary arrangement

If your helper is taking home leave, this can be in the form of paid or unpaid leave. This would be decided at the time of signing the contract. If you are renewing the contract with a domestic helper, it is required to indicate whether the home leave will be paid or unpaid on Clause 13 on the Standard Employment Contract. If home leave will be paid, make it clear to your worker on the salary arrangement and how the salary payments will be made.

When it comes to whether the employer needs to pay the worker during the hotel quarantine period, there is no black-and-white answer under the Standard Employment Contract (SEC). The Hong Kong Labour Department and the Philippine Overseas Labour Office advises employers and domestic helpers to have open communication and come to a mutual agreement on paid or unpaid leave. 

3. Employers' Responsibilities

The Labour Department has issued an advisory on the responsibilities for employers to bear the cost of the COVID-19 test and the cost of food and accommodation while the domestic helper they hired are in the 7-day quarantine. Since July 2020, employers are required to sign the Undertaking of Employer when submitting a foreign domestic helper visa application.  

This Month's Management Tip:

Rest is Important

Making sure that your domestic helper has enough rest is a key strategy to maintain good performance and be successful in her job for the long run. You can do this by setting clear on-duty and off-duty times, adding break-times where needed, and making sure she is able to take the full 24 hours for her weekly rest-day. See more guidance:

Holiday Closure 

Our offices in Sheung Wan and Tsuen Wan will be closed on the following dates:

  • The day following Labour Day - Monday, May 2

  • The day following the Birthday of the Buddha - Monday, May 9

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Fair Employment Agency Limited
Tsuen Wan Office: 3611 2997
Sheung Wan Office:  3568 6858

Email: info@fairagency.org 
Office hours: 10am-5pm everyday, except Wednesdays

Employment Agencies Administration License # 67048   |  www.labour.gov.hk
We are accredited by the Philippine, Thai, and Indonesian Consulates
Copyright © 2022 Fair Employment Agency, All rights reserved.


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