Posted by
Amer
16 yrs ago
I am seeking advice.I am told that if in the contract it mentions place of work is Hong Kong, I cannot take her overseas to work with me.It will be illegal on my part.I travel very often and stay overseas for long periods.Also, she opted to work on her own on her day off to earn more, but now she is blaming me that I asked her to work on her day off's and not paying her extra.Also, for the days off she took, I did not ask her to sign any slip, so I don't have any proof with me.what should I do? Do you people ask them to sign day off slip? keep check on time in and time out?Thank you.
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six
16 yrs ago
i don't do any of the above.
are you being threatened? have you paid her extra for working on days off? do you ask her to work on a day off often?
i have taken our helper overseas with us, she loves to travel. does she work hard when you take her away or does she get to have a bit of a break too?
i guess it all depends on your relationship with your helper?
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Amer
16 yrs ago
Yes, I take her often with me often to take care of my mother.she has threatened to sue me.she is paid for her days off, coz she wants to earn more money.it is not that I asked her to work on day off.she says, that her place of work is hkg, not any place else.and I am taking her illegally out of hkg. But what I know and have seen, everybody traveling with their helpers.And these helper's associations take advantage of these situations, as they get free publicity and ofcourse more business.
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Amer
16 yrs ago
Oh! yes, I informed all terms and conditions and willingly she joined services.soon after, she started throwing tantrums.when I decided to lay her off, she begged me give her a chance.Then, she resigned on her own accord and now she has accused me of making her sign the resignation under pressure, which I had typed for her, which she read and signed twice.After consultation with some lawyer, through some association, she is talking legal language, saying that she has not written this resignation in her handwriting, hence, it is not hers.I forced it on her.Thus, I advise all employers to have a camera and recorder at home.
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cd
16 yrs ago
So many helpers seem to take their employers to court, even when they have no hope of winning. Apparently its because they do not have to leave HK while there is a case to be settled, as opposed to the 2 weeks they should normally get at the end of theor contract, or after their release date.
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Amer
16 yrs ago
well, as she sent me a notice from the Labour department and threatened to take me to the court, I decided to pay up and get out of this, as I have no time to fight legal battles here, I travel very often for my work, hence, I did not want the courts to think, that I am avoiding them or have no intentions of settling the matter.My question is, if the contract is signed here in hkg, I cannot take her with me to work overseas to be with my mother all the time? I have not called Immigration to check about this point but definitely would before I hire another helper.
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Amer
16 yrs ago
Well, they have been lucky to find good helpers.It was my first time to hire a filipina helper and it has been a nightmare.I had made very clear about her duties but in front of the officer she denied everything.I think, her aim was to gain time and stay in Hong Kong to look for an employer.She went to Immigration, got her visa extended for a month, as she showed them docs that she has filed notice to me.
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It seems to me that this helper did understand what her main duties were and that she would be travelling for work - the way I read this is that she just bullied a whole load of money out of you and you paid up.
I know it's really hard when your DH threatens you with court, but I would resist paying money that the helper is not entitled to, because doing so encourages these bad apples to bully their employers. Every time employers give extra money to their helper to avoid trouble (no matter whether being taken to court, or a nasty argument) they are creating a kind of culture / expectation, as of course the helper concerned will probably spread the story of her success around.
A much better culture to promote would be one where hard work / excellent work / excellent attitude is rewarded, not bullying and cheating.
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Amer
16 yrs ago
Yes, exactly, I got fleeced this time but I did not want to be summoned by the court and not appear on time, as I travel a lot for business and did not want to spoil my record with the Immigration or the local law body.So, she took advantage of this fact.Also, these associations helping these helpers, should be discouraged from exploiting the situation for their personal gains.
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well, am not 100% sure but there might be something illegal about her working overseas, i really would check with someone in immigration...
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Amer
16 yrs ago
If you can get me correct information, will be highly appreciated.As I know many people who have their helpers accompanying them all the time and staying overseas, for long periods.If the employer is flying very frequently or stays overseas for long periods, then either he should give them salaries for free or lay them off every time he/she travels.the helpers are for your comfort and they draw a salary according to the law.as long as you are not breaking the law overseas, i think, there is no harm in utilizing their services.And if the issuing country issues them a visa, knowingly that she is accompanying you and she is your helper, then where is the question of breaking the law?
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