Hi! I've just been contacted by a Sri Lankan helper who used to work for us in Sri Lanka. She arrived in Hong Kong a month ago to take up a contract with a family who has behaved in a shocking manner (threatened her that she must sign two contracts - one legal/one illegal - and accept half the salary she is entitled to). Fortunately she has worked in Hong Kong before for expat families and has good experience of what she needs to do in this type of situation, so has gone to the authorities to complain. They have been helpful but have told her that she needs to find herself another job within 14 days, otherwise will need to return to Sri Lanka. Isn't there a different rule for helpers who are in this situation through no fault of their own? Please share your thoughts, as she is an excellent and mature helper who deserves a shot at earning what she deserves, given that she left her family to come back to HK. Thanks
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ShazP
10 yrs ago
She should go to the Labour Department to file her case. If she has proof, they will take her case up. She will then not be required to leave Hk until the case is closed however she needs to know that she has to support herself till then. If she takes up part time employment ( which many do while their case is being dealt with) it is illegal.
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While i agree with parts of your post but feel there is more to understand from employer's perspective .As you have stated that in a months time helper was terminated , there must be more to it ..The very basic fact an employer hires someone to work for him/her spends US$ 2050/hK$ 16000 for a month and terminates in a months times does show that they must have gone through painful/traumatic experiences with the helper. Employer must have spent ,Hk visa fees -$160 , Sri Lanka visa fees -$180, Visa courier to Sri Lanka $400, One month salary paid $4010, Advance in lieu of one month notice $4010,ticket from Sri Lanka to Hkg$2700 Ticket from Hkg to Sri Lanka $2900, food allowance $910 total $15,270 ( exclusive of other demands for clothes ,native food , toiletries and every day food ) in addition the trauma the employer has to undergo. In my opinion there should be law to protect employer who suffers financially , mentally and is subject to all the harassment .
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maxis
10 yrs ago
Billy, did you read this thread before you replied about employers rights.
This poor lady has been brought over to HK and this family want to pay her half salary and force her to agree.to it in writing.
Sorry, but fail to see how this family are the ones suffering menta abuse at.the hand of the Sri Lankan lady.
And you want more.laws to protect this humans rights abuse for the pertetrators?
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Maxis, once again, there are always “two sides” to every story and I think Billy is expressing the “other side” of this story. Let’s just think for a minute, while everybody in this forum will wholeheartedly agree that this is indeed an incredibly sad and disturbing story - if indeed true - BUT it has not been verified by anyone here and only the maid knows the real truth. Note that Chattterbox only indicated he was merely TOLD about it by her former maid (but not a witness to her claims)!
Let's be clear, I have no reasons to doubt either Chatterbox or her former maid ... but merely pointing out the possibility (as Billy did).
Billy is merely expressing his doubts – not entirely unjustified because there are plenty of known cases where the maids have made false claims for selfish reasons – and he has every right to express his opinions (and hopefully also alert those amongst us who are on the gullible spectrum and/or don't know of such occurences).
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maxis
10 yrs ago
PKW-seems you miss the point here too easily.
1. Chatterbox has asked for assistance and guidance for the scenario she has presented, which is a breach of employment law, and would be illegal for either party to enter into. Plus, the family who employed her have told her to accept half wages.
2. Chatterbox has NOT asked anyone whether they think her former maid of.lying, she wants.help
3. Billy has has presented his post "from an employers standpoint", itemising costs incurred by taking on a FDH. And that could never justify paying half salary and them coaxing her to break.the law and the terms and.conditions of.her employment visa.
Come on, help Chatterbox. We should use this as a medium for helping support a subculture of.racism and inequality, there is enough of that rubbish sprayed about in HK in the.local media and culture, without it seeping into the Xpat area whereby we should rise above racial undertones.
Perhaps if.you or Billy want to.allert gullible people that there can be dodgy maids, do it on your own fresh string on which deceptiveness.of an FDH is not the topic.
that said, you and Billy are correct.that there are many cases.of deception by employees. But that is not the topic here.
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All good points, Maxis, and everyone is helping Chatterbox with their respective comments.
Spareribhk responded with the most logical next step ... help or advise her former maid to notify the HK authorities immediately ... while Billy responded with a more cautionary view. Numerous threads on this forum do in fact support Billy's precautions, thus his response is just as useful as Spareribhk's. Like I have summarized, there are usually "two sides" to every story and while none of us here knows the real truth in this particular case, the best we can do is offer as many alternative views as possible; that's the sign of a healthy & robust advice forum such as this one!
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Thanks a lot everyone for the comments. Just to give you the sad end to the saga, the helper is now back in Sri Lanka after filing her case with the labour department. Unfortunately she was unable to support herself while the case will be resolved, so she had to return to Sri Lanka, and is heavily in debt. I am looking out for jobs for her locally, so that she can slowly earn back what she invested in coming out to HK for a more secure future. Anyway thank you all for your input.
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Chatterbox, thanks for the update. Sorry to hear that your former helper wasn't able to find work with a new employer within the 14-days extension as permitted by the HK Labour Department which you have originally mentioend ... though it's not necessarily the "sad end to the saga" at least NOT until the HK authorities have issued an official decision of their ongoing investigation to her complaint.
If their investigation into her claims should indeed result in her favor, which is highly likely given the seriousness of the offenses (as you have originaly described) which her employer are being accused of doing to her, then she will be eligible for full restitutions against her employer to the full extent as permitted by HK labour laws, which are some of the most protective on earth (specifically for FDH's which is what we are focusing on here). Also, if they rule in her favor, then she could definitely petition for sufficient compensation against her employer for: full back pays owed her; all relocation associated costs which she wouldn't otherwise have incurred; plus a slew of extra penalties as deemed appropriate by the HL Labour Department.
Soo ... it's not over until an official decision on her complaint has been rendered ... and Good Luck to her!!
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Unless the law has changed recently I understand that a case filed with the Labour Department means the 14 day window period to find a new job is extended until such time as the LD issue has been resolved. This is (was?) a convenient way for some unscrupulous FDH to gain more time to stay in HK to find a new employer ie make a claim with the LD. And before someone jumps on me no I do not believe that all or most cases lodged with the LD are questionable.
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