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Pregnant helper- advice needed

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ORIGINAL POST
Posted by Taylor12 16 yrs ago
My helper has told me that another helper in my block, whom she's friendly with, is 2 months pregnant.
 
She's worked for her employer for a long time (over 7 years) and wants to carry on working. Her employers are now making sign a piece of paper to say that she's resigning of her own accord, which she is NOT.
 
I think if she signs the paper, she forgoes her long service payment? The poor girl is feeling scared and under pressure from her employers.
 
All the other helpers are advising her not to sign, but she's worried the employers will make life difficult for her. Does anyone have any practical advice for her?
 

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COMMENTS
Taylor12 16 yrs ago
Thanks! Update- apparently the employers want her to sign this paper, but have also said that they will pay her long service. I think she is scared that they will say that she has stolen something or some other "gross misconduct". And she's worked for them for 10 years, and not 7!!

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housed 16 yrs ago
If the employer wants to get rid of her now, under the law they need to pay her for the duration of her pregnancy, because it is illegal for them to fire her during this period once she tells them she is pregnant. So if they want her to go (home), they need to pay her for the entire period, just as if she was working for them. (This is in addition to the long service payment that she is already entitled, having worked over five years.)


If she signs that piece of paper, she has just forgone about 7 months worth of salary.





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Taylor12 16 yrs ago
Thanks everyone. This helper wants to continue working but the employers want to terminate her and get a new helper. I agree that it's not a nice way to behave as a reward for 10 years of service. I have a few questions- how easy is it to reach someone at the Labour Department or do you get a recorded message and have to hold for ages? I agree that she should try to stand firm, but the poor girl is worried that the employers will turn nasty to get rid of her. It's not nice for a pregnant woman to be in that position. Does anyone else have any practical tips I can give her?

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bokyo 16 yrs ago
I wonder why the man who had impregnated this girl is not even involve in this discussion.

So, what's this guy plan anyway. We should ask also. The girl shouldn't be let alone by herself carrying all this burden.

Shame on this guy. Unless, this guy is married or the girl is, that make sense why he is not even involved.

It's unfortunate to learn this yet realities of people forced to live and work abroad for lack of opportunities back home.

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Taylor12 16 yrs ago
Beancurd, that's a terrible story but I'm glad the Labour Department managed to help. Bokyo, this girl got married the last time she went back to Philippines on holiday, and got pregnant then. So her husband is back in the Philippines. My helper talked to her this morning and told her all your ideas. She thinks the idea of going to the Philippine consulate is a good one and she's going to go there tomorrow morning. Apparently there is someone there who gives legal advice or help of some sort? She's now less frightened and says she will NOT sign the paper.

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xmauix 16 yrs ago
Taylor12 - saw your thread but din't get the chance to reply. However having to read the above update sure feels good :)


Hope everything goes well for your helper's friend.

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Taylor12 16 yrs ago
All these details are now emerging. The employers had a "negotiator" person to come in and talk to the helper. This person said she had a choice of either signing now and taking the money, or not signing, and being terminated when she returns from the Philippines. That's why this lady is scared-because of the threats she's been getting. How mean is that?! And so obviously illegal too.

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xmauix 16 yrs ago
Tell the helper not to sign even if she gets terminated. The employer will have to face charges if they do that. Everything the employer's doing right now is illegal. I feel bad for the helper, it's not good to be pressured like that when she's pregnant.

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bed in hkg 16 yrs ago
I don't see why you had to ask the question for her here. The Filipinas know all the HK laws regarding pregnancy and the tricks of giving birth to their babies in HK to secure the HK residency. A family here had 2 Filipino domestic helpers and one of them got pregnant and managed to hide it from her employer all the way through.

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Taylor12 16 yrs ago
This was a post asking for help and advice, which the other posters have given (thank you). If you can't say anything constructive, and only want to be insulting or hurtful, why post in the first place? People like you make others reluctant to use this forum.

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Jo W 16 yrs ago
There is a helper support group attached to St Johns Cathedral staffed by volunteer lawyers who can provide specific advice to your helper's friend

The website is http://www.helpersfordomestichelpers.org/ which provides contact details.

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Taylor12 16 yrs ago
1. I am not a saint.

2. Not all Filippinas are saints- there are good and bad ones. I was the victim of a robbery, and the thief was a Filippina who stole the jewellery my mother left me before she died, so I have first hand experience of the good and the bad.

3. Your meaning seems to be that this girl is using this as scam to try and stay in Hong Kong and get permanent residence for her child. She's going back to the Philippines to have the baby, so the baby will not have permanent residence.

4. I wanted to establish the legality of what the employer was doing, and we have established that their actions were clearly in violation of Hong Kong laws. So, whatever your views about the ethical basis of Hong Kong laws, my personal view is that laws should be complied with, whether people like it or not. Does that make me a saint? No, just stupid and law abiding.

5. I don't like to see pregnant women (of any nationality) threatened. I think that's wrong and please tell me if you think differently.

End of thread.

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annefonz 16 yrs ago
as everyone may know,,,all nations has good and bad people...i hate racist..tell the filipina not to sign anything..she must go in the labor department and philippine consulate to seek for help...dont mind people who thinks only of their own interests...

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evildeeds 16 yrs ago
"the tricks of giving birth to their babies in HK to secure the HK residency"


If you had any idea of what you were talking about you would know that a baby born to an FDH in HK does not have any immediate residency rights.

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xmauix 16 yrs ago
I love HK but not the Filipino scams which are real and rampant.



--- bed in hkg - you're generalizing. Where are you from? US, Canada? Aus? UK? Do people from these countries don't have scams of their own?



I love HK too, it's my home. I meet all kinds of people of different nationalities everyday and it doesn't matter where they come from. I'm a Filipino myself (mixed), does that make me less of a person in HK? Maybe it does because there are people like YOU who sees us differently.


It's funny, I meet with company Presidents and CEOs and sometimes, over the phone they're like so accomodating. When I come to meet with them, some irrational ones go like "Where are you from?" or Your name sounds like from Hawaii, you from there? I'd say, I'm Filipino. And some REAL people don't bother whilst others seem to appear so superior the moment I utter "I'm from Philippines"


As for me, I don't care. I'm just bothered when there are people who labels Filipinos and who only see the other side of the story. I've had Filipino maids before and 3 among the 4 were bad but it did not stop me from hiring them.


Let's go back to the post shall we? The OP is asking for advice, a helpful one. Maybe you can think of a good advice : )



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halfedge 16 yrs ago
Tell her to contact these guys for paralegal services (free).

http://www.christian-action.org.hk/DMW(f-e).htm

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Ed 16 yrs ago
I have deleted some unacceptable comments. Going forward however racist generalizations will result in a ban.

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Taylor12 16 yrs ago
Here's an update- bit sad. Under pressure from the employer, the helper signed the paper in the end, and so on paper, she has resigned with immediate effect, and is heading back to the Philippines on Sunday. I don't know exactly what the domestic situation is like, but I think she felt under pressure and said that at the end of the day, she has to look after the welfare of her unborn baby.

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