A large number of foreign workers in Hong Kong is working as domestic helpers. Household service workers comprise about 3% of the Hong Kong population alone. This is due to the fact that most of Hong Kong's citizens are working, leaving home and children in the care of household service workers. As of October 2016, newly hired foreign domestic helpers in Hong Kong are entitled to a minimum allowable wage of HK$4,310 per month.
But for any reason, what happens if the employer-employee relationship deteriorates and one or the other decide to end the terms of employment? What benefits can a household service worker get upon termination of employment contract?
Either the employer or the employee may terminate the contract by giving one month’s notice or one month’s payment in lieu of notice to the other party. The following are included in the Termination payment:
written notice to his employer within three months after the dismissal/ lay off takes effect. The employer shall make the severance payment to the employee not later than two months from the receipt of such a notice.
- Unpaid salary
- Payment in lieu of notice, if any;
- Payment in lieu of any annual leave not availed;
- Long service payment/severance payment, where appropriate; and
- Any other sum under the employment contract, e.g. free return passage, food and traveling allowance, etc.
Severance Payment
A foreign domestic helper is entitled to severance payment if he/she:
A foreign domestic helper is entitled to severance payment if he/she:
- has served 24 months continuously with the same employer prior to the termination
- and is dismissed/laid off or the contract is not being renewed by reason of redundancy
Long Service Payment
A foreign domestic helper is entitled to long service payment if he/she:
- has no less than 5 years of service with the same employer prior to the termination, AND
- is dismissed or the contract is not being renewed by reason other than serious misconduct or redundancy
- resigns on ground of ill health
- resigns on ground of old age, 65 years old and above
- or dies in service
How to Calculate your Severance or LSP?
(Monthly wages) x 2/3 x (number of years of service)
(Monthly wages) x 2/3 x (number of years of service)
Example:
Assuming the domestic helper has received HK$4,310 monthly salary (minimum wage) for a total of 6 years after several contract renewals:
Assuming the domestic helper has received HK$4,310 monthly salary (minimum wage) for a total of 6 years after several contract renewals:
Long service = HK$4,310 x (2/3) x 6 years
Long service = HK$17,240 – the amount employer should pay to helper.
Service of incomplete year should be calculated on a basis proportional to the number of months served.
A foreign domestic helper is only entitled to either severance payment or long service payment, based on the conditions stated above.
What is the meaning of redundancy?Redundancy means the dismissal is due to the fact that:
What is the meaning of lay-off?
An employee shall be taken to be laid off if the total number of days on which no work is provided or no wages is paid exceeds:
The days of lock-out, rest days, annual leave and statutory holidays should not be counted as normal working days during the above periods.
What is the meaning of redundancy?Redundancy means the dismissal is due to the fact that:
- the employer closes or intends to close his business;
- the employer has ceased, or intends to cease, the business in the place/branch where the employee was employed; or
- the type of job the employees do ceases or diminishes or is expected to cease or diminish - even if the business itself is not closing
What is the meaning of lay-off?
An employee shall be taken to be laid off if the total number of days on which no work is provided or no wages is paid exceeds:
- half of the total number of normal working days in any 4 consecutive weeks; or
- one-third of the total number of normal working days in any 26 consecutive weeks.
The days of lock-out, rest days, annual leave and statutory holidays should not be counted as normal working days during the above periods.
source: Hong Kong Labour Department
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![A Kuwait-based newspaper is taking flak from netizens when pictures of its editorial cartoons featuring the Philippine President Rodrigo Duterte made rounds in the internet. The Kuwaiti Times editorials paint the highly popular leader in bad light. He was depicted in various personas such as a butcher, an insane person, a murderous villain and a moronic terrorist. The images below are arranged in chronological order. The dates when the images were published are shown so you can check Kuwait Times' website to see for yourself. May 7, 2016 The editorial cartoons begin innocently enough showing President Duterte as a fighter casting his ballot for the Presidential Elections of 2016. May 10, 2016 - Election Day Upon winning the elections, President Duterte makes it again in the editorial cartoon section. This time, the Kuwait Times' shows the President pointing a gun and trash-talking some "punk," while what seems to be blood is seen in the bottom left corner. August 29, 2016 Things get malicious with Kuwait Times as they portrayed a leader of an independent nation as a butcher, about to hack the Philippines in the form of a bloody piece of hanging meat. September 27, 2016 The President is depicted wearing slippers, with his mouth, both hands and a foot "holding" a gun. A text bubble implies that Duterte is frustrated for not being able to kill all drug dealers, a statement so far from reality. October 11, 2016 The Kuwait Times mocks President Duterte again, this time along with US President-Elect Donald Trump. The paper depicts the two world leaders as a pimple on the face of a globe. The Kuwait Times editor seems to disagree about the populist views that helped elect both Duterte and Trump into office. October 24, 2016 Misinterpreting the President's statements on addicts, the Kuwait Times editors insulted the still popular leader, depicting him as an insane person in an asylum, complete with a straitjacket. President Duterte has since apologized to the Jewish community regarding the misunderstood statement. February 01, 2017 While not directly attacking the President, the newspaper wrongly depicts the Philippine Government's war on drugs as war on the poor. The image shows a member of the Philippine National Police shooting a stray dog dead. The editorial also insults Filipinos, depicting them as dogs. Clearly, the editors of this newspaper are not conducting enough research before publishing their work. March 04, 2017 As the Philippine lawmakers are debating the reinstatement of death penalty, the Kuwait Times editors cannot help but poke fun at the Philippine President. It depicted Duterte trash-talking the bullet-riddled body of what could only be assumed as a criminal. Around the guys neck is a noose, as the paper's editors wanted to lay all extra-judicial deaths to the President. It is ironic that a paper from Kuwait will criticize the leader of an independent country regarding death penalty, when their own country of Kuwait executes more people than most other countries except for a few. April-30-2017 Not happy with depicting the Philippine leader as an insane person, the Kuwait paper repeats the insult, this time pairing Duterte with Trump. The editorial mischievously draws Duterte and Trump as two crazy blabbermouths who have so much in common. The two are shown wearing straitjackets. May 30, 2017 At the height of the Marawi Crisis, while other countries were offering their support to the Philippines, the Kuwait-based newspaper ups its malicious depiction as it publishes a malevolent piece of editorial cartoon likening the Philippine President with other Islamic militants, and making the insult one step higher by labeling Mr. Duterte as a moron. What do you think of the Kuwait Times? Do you agree with their assessment? Do you think the editor-in-chief should make a public apology? What about the "artist" who's supposedly done the drawings, should he lose his job? Tell us what you think! Please comment and share this article! DISCLAIMER: All editorials were taken from Kuwait Times website, they own the rights to it, but they DO NOT have the right to insult our President! If you agree with me, drop them a message here >>> Kuwait Times Facebook Page.](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh9Lx8oDpulczXxbBzw7dF306gdg6XM_0MhWhamE-zk1LXWbe4xxokMDk7FE1hInHsee7xfGsBiAqBkIyN7HoHlPeb6ANmlOvRxn_nfCx6EvVmDnKBLbc8zjJsZcENIYlXVu2zD/s640/template.png)
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