My
maid just arrived HK today, is she immediately entitled to Rest Days
(normally Sunday) ?
A domestic helper employed under a continuous
contract is entitled to one Rest Day in every period of seven
days (normally Sunday).
Rest Days shall be appointed by the employer.
They may be granted on a regular or irregular basis:
regular Rest Day : the employer should
inform his maid of the arrangements, e.g., every Sunday.
irregular Rest Days : before the
beginning of each month, the employer must inform his maid
orally or in writing the appointed rest days or by displaying
a notice board showing the dates of the appointed rest days
for his maid.
Can an employer substitute some other Rest Day with his maid ?
With the consent of the maid, an employer
may substitute some other rest day with his maid, in which case
it must be within the same month before the original Rest Day
or within 30 days after it.
If the Rest Day falls on a Statutory
Holiday, it should be taken on the day following the Rest Day.
Can an employer request his maid to work on a Rest Day ?
An employer must not compel his maid
to work on a Rest Day.
For any Rest Day on which the maid is
required to work, the employer should substitute some other Rest
Day within 30 days after the original rest day. The employer should
notify his maid of the arrangement within 48 hours after the employee
is required to work.
An employer who fails to grant Rest Days
to his maid or compels his maid to work on their Rest Days is
liable to prosecution.
Can an employer substitute a Rest Day with Rest Day Pay ?
With the consent of the domestic helper,
an employer can substitute a Rest Day with Rest Day Pay. A rest
day pay can be calculated on the daily average of normal wages.
