Claim

Posted by skg (125 days ago)

My DH verbally agreed to terminate the contract last month at which I hand her the termination letter however she did not acknowledged and the next saturday she runaway only calling in the evening that she is not returning. I report to police & labour dept for one month in lieu of notice. When i approached the LD, they informed me that my DH has filed a claim against me for everything listed on the page, wages in lieu, wages in arrears, ticket, travel allowance, statutory holiday, & food allw. which ofcourse i was not surprised. I will go to the LD for reconciliation, but i don't understand how are the employers protected by LD. I realized now that I should have also asked her to sign for everything of the above which I didnt. I only have 1 page of sheet with sentence on the above of receiving monthly wages with boxes below of each in which she signs when receiving the cash every month. I do not ask her to sign for Statutory holiday, food. I just have to tell verbally LD that I have given her all except that airticket & going back travel & food allows which i did not because she runaway. I have already given her 1 mth notice which she did not acknowledged. Has anyone come across similar situation? Really headaches these DH sometimes? I have to make rules for my next one now.

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Posted by GreenValleys (124 days ago)

Your last sentence is spot on! I would respond to the LD in writing stating how absolutely incensed you are 'after all you have done etc etc' and refute the allegations line by line. They are used to dealing with helper/employer disputes, many of which are pure fabrications but also many of which are true. Be firm but not aggressive to them b/c they are only doing their job. Also take whatever proofs or supporting 'evidence' with you that you can muster.

Posted by ldsllvn (124 days ago)

we have friends who are in exactly the same situation as you are. In this country it seems the law is on DH's side, not matter what.. they are in seriously ugly sutiation and their DH has made their life hell. I think, you are lucky in sence that she only wants what she wants and is not claiming that you owe her 6 months or whatever. I say, pay her off and for future reference - not matter how good your relationship with your new DH will be - make her sign for EVERYTHING! I am not kidding - i have seen how wrong it can go.. The trouble is - we never started like this with our DHs and now I just dont know how to switch to "sign for everythig" myself - it has been 1.5 yrs - but if I were to get a new DH, i sure would impose this rule.

Posted by beancurd (124 days ago)

If you come for reconciliation, you can tell them your own story. It is not true that the Labor Department is always on side of the Domestic Helper. They are exactly doing their job and assess the situation based to your own statement and the DH statement.

Posted by ldsllvn (124 days ago)

well, in what i have seen in our friends' case - DH statement was accepted above the emplyers' one - so, not not sure whether the process is entirely fair

Posted by vinividivici (124 days ago)

Skg, I can understand ur situation only too well.. as I am going through the same situation.. My DH also claims that I asked her to leave(when in fact she just packed her bags and marched out of the house).. I had mentioned about this lady earlier on this forum( http://hongkong.asiaxpat.com/forums/hong-kong-domestic-help/threads/116206/helper-cannot-read-or-write!!-help!/)..
I had also been idiotic enough to not get her to sign receipts at all..
Beancurd, you have been reassuring.. I sure hope that the Labor department does hear us out..
skg, I have been living on aspirin for the past 3 days.. I understand your situation.. !!

Posted by skg (124 days ago)

thanks guys - yeh i suppose i just have to tell them my part - she even left my child unattended in the morning whilst we were sleeping - my child has taken the vitamin in excess - thank god it were vitamins guess if any other medicine! wonder what - but will show them the sheet of paper where she have signed & tell them that i have given her all the rest (though don't have written proof) & of-course the airticket & travel/food back allowance i will give her at the spot - i just sometimes guess DH wants to work parttime more & earn than regular income they gets by monthly - because my friend told some of them are living out such way in HK. lets see what LD will say, by the way i also knew that my DH have claimed her earlier employer - now you guys will why i got her - the thing is someone insisted that she was ok & that she need money to raise her daugther bla blaa. - i got trapped, never trust too easily & have always our own side safe....

Posted by beancurd (124 days ago)

Because if the problems are not settled mutually by employer and dh, this is the labor tribunal for, to have a meeting and hear the sides and the Labor tribunal will be the one to asses the situation. Sometimes the problems and complains here, we do not here all the stories of both sides because we only hear the other side of the stories.

Posted by GreenValleys (124 days ago)

Also if your helper lodged a spurious claim against her previous employer make sure the LD knows this - they should do but still make sure of it. Good luck.

Posted by vinividivici (122 days ago)

Skg.. I must say .. I feel that your helper and mine are twins.. even I have come to hear from another helper that mine had taken her previous employer to LD as well...!!.. only, I just got to know about it!

Posted by winter2 (122 days ago)

skg,

i really feel for you.
last week, i found out a friend of mine who terminated her helper coz of debt issues - and collectors calling the house, but they GAVE good references coz they don't want to get into any retaliation, or any lawsuits later. They gave her all she is supposed to get, plus more - that was what they say.

so you have to be really careful about references - and these people actually gave references on the phone.

sometimes i feel there is really no protection for the employers here in HK.

Posted by abby78 (122 days ago)

one thing is for sure skg's helper only wants more money thats all.....these helpers they just find every possible way to squeeze money from employers.

Posted by adele78 (121 days ago)

skg. I'm sorry to hear of your troubles and I don't want to add to your stress but you should be aware that high doses of fat soluble vitamins (such as vitamin A/Retinol) can be toxic and do permanent damage to the liver, especially in small children. Water soluble vtamins like vitamin C will just get pee'ed out and flushed away but fat soluble ones accumulate in the liver, brain, etc and have to be taken seriously. Make sure you know how much your daughter took and perhaps ask your doctor about monitoring her for any changes.

Like I said, I don't want to stress you but you really should know these things.

Posted by IslandHopper (121 days ago)

"one thing is for sure skg's helper only wants more money thats all....."

I want more money, too. As you also want.

"these helpers they just find every possible way to squeeze money from employers."

Just like other employees do if they can. And employers squeeze employees as much as they can.

Posted by ldsllvn (120 days ago)

"Just like other employees do if they can. And employers squeeze employees as much as they can."

IsalndHopper, not by lying and scheeming, we wont.

Posted by IslandHopper (120 days ago)

"IsalndHopper, not by lying and scheeming, we wont."

How I also wished that the world would be like that.

Posted by ldsllvn (120 days ago)

am glad I am not living in your world then.

Posted by IslandHopper (120 days ago)

ldsllvn: I'm living in the real world.

abby78 told ".....these helpers they just find every possible way to squeeze money from employers."

I can't see so many differences from other types of employments in it.

Although the other side of the coin is that many helpers are working on lower salary than the minimum guaranteed by HK law