Posted by
bell79
8 yrs ago
I am looking for recommendations for a Employment lawyer. We need to get advice as our helper resigned and is planning take us to the labour tribunal.
In her resignation letter.
1.She claims we did not pay her a food allowance - her salary and food allowance was paid monthly by bank transfer. She was also free to eat any of the food we were having or to make anything she liked.
2.She also claims that i did not give her a lunch break. She had requested that she shorten her lunch break from one hour and to her work early. So instead of working from 7am to 7pm with one hour lunch and other breaks. She was working from 7am to 5 pm with 15 minute breaks. She was never required to work in the evening as i cleaned up after dinner and no evening childcare was required from her.
3. She claims that we over burdened her. She had to clean a 900 sq foot apartment. iron once a week and shop for groceries., Cook one dish for supper- salad, pasta dish . No childcare. This helper was one of two helpers. The other helper took care of our dogs.
This is the second time she has put a case on an employer. I only just came to know that she had a history in the labour department. I would really like to hear from employers who have experienced something similar and also get recommendations for lawyers.
My other helper has been employed with us for ten years and we have a fantastic employer/employee understanding. I feel this lady used us to get to hong kong and to then find an employer who is willing to allow her to work part time. We did not allow her to work part time even though she asked us. We had clearly told her everything that was required in her interview.. Since she left our home she is residing in a boarding house and working for various families part time in our area. I am told that she receives an allowance from the government for the duration of the time she has a case in the labour court.
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I went through recent Labour Tribunal proceedings, but would prefer to discuss the details in private. Feel free to PM me.
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You don't need a lawyer for this case. Take all of your bank statements that prove you paid her and her case will fall through. There are no set working hours in the contracts so that claim cannot be made under the current contract condition either. No lawyer needed there either.
As to the fact that she has taken out cases against other employers that also will go against her unless there is a police record to prove abuse.
If police are involved and a record is made with outside witnesses, then perhaps the case will move forward, but still no need for a lawyer.
No government allowance is paid to any domestic worker. If so I would dearly love to know where that money is coming from as it would be basically tax payers money and practically every mistreated DH in the city would take a case against en employer for working hours too long or not having 24 hours off.
In fact, if you have proof she is working part time even now after leaving your home and taking a labour case against you......case closed. This is not legal and she would subject to a Immigration investigation. She is the one who will need a lawyer.
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http://m.www.gov.hk/en/residents/employment/recruitment/foreigndomestichelper.htm
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Very Important: Lawyers are not permitted at Labour Tribunal Hearings. If no settlement or agreement is reaching there then it proceeds to an actual court case and that is where you will want a lawyer.
If I were you, I would be calm and wait it out at Labour, then bring it to an actual court case in small claims. She will need to get a volunteer lawyer from a charity such as Enrich.// Also, I believe that you can serve her with papers BEFORE the Labour Trial, which I would advise. Are those really her claims? She has no chance at all. //// For your counter claims in your letter with your lawyer stick to reality and things that you can prove. Serve her just one day before going into the Labour Case. If those are really her claims (above) then she is just trying to smoke a payment out of you and has no interest in going to Labour.
She also might be interested in filing with Labour in order to stay in HK. That means if she has a case pending she is allowed to stay here but if there is no case pending and she does not work for you then she has to pay 180-200 per day for permission to stay in HK....or go to Macau (or go home).
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The advice from HKWatcher is good. I have actually attended a Labour Tribunal for the company I work for and found the system to be very simple and the Labour Officers very realistic; to the extent that they tell the plaintiff when the deal being offered is better than anything they could achieve through a tribunal.
Producing evidence of payments made, behavior of the employee, participation in unlawful work, etc, should all mount up and her being told she hasn't a leg to stand on.
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"She also might be interested in filing with Labour in order to stay in HK. That means if she has a case pending she is allowed to stay here but if there is no case pending and she does not work for you then she has to pay 180-200 per day for permission to stay in HK....or go to Macau (or go home)."
This is an interesting response to your quote about the abuses of job hopping
http://hongkongnews.com.hk/top_stories/7k-job-hoppers-investigated/
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Thanks, HKWatcher. However, she would have to change jobs at least twice to be considered a job-hopper.....while the case with Labour is pending, e.g. 5, 6, 7 months....she can work illegally part-time. That might her mindset.
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@jenkruger
the OP wrote:
This is the second time she has put a case on an employer. I only just came to know that she had a history in the labour department. I would really like to hear from employers who have experienced something similar and also get recommendations for lawyers.
I agree with you about her mindset....an easy albiet illegal way to work part time in HK and "live out.".....risky...but if she gets away with it...
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