Repatriating Amahs

I posted this on the legal section, but maybe someone here can help. I decided not to renew my helper's contract for various reasons. I then assisted her in finding a new employer - even posting an advertisement on this site. I went to great lengths to assist her with good references etc. She found a new employer. Under the contract I am responsible for repatriating her to her home country. No problem. However, she is not returning to her country and is extending her visa, with her new employer deferring her leave for 1 year.


I have spoken to both Immigration and the Labour Department. I have been told that I am bound by the contract to repatriate. However, I am not able to give her a fixed ticket in case her visa is extended. Due to further circumstances since her non-renewal, she has become rude and surly, and insists "she" is entitled to decide whether to stay or go, and that she is entitled to the money for a ticket even though she is not leaving Hong Kong.


I have been a fair employer, paid her above the minimum, paid the levy, let her have all public holidays, never asked for her to work on Sunday, and let her out from Saturday evening until late Sunday.


Can anyone advise me on the ticket issue. I am prepared to give her a ticket, but not one that she can cash in.


(I am based in Hong Kong)

Thanks TC - I do understand that. It just appears very unfair - repatriation means repatriation. It is highly unlikely that the Immigration Dept do not approve. If she doesn't go this time, then she receives the same from her new employer at the end of her new contract - ultimately 2 for the price of 1! Also, she knows the difference in price - so she prefers the money equivalent to the open ticket, not the cheapest available fare at the moment as they are "fixed tickets".

The way I handled this with my previous helper was that I purchased a ticket from CX using the DH special fare with departure date 7 days after the contract termination date. This is period I am required to notify the Immigration Department of her contract expiration. She's free to take the flight per ticket departure date or pay extra to change the departure date of her own choice at her own cost.

I replied to you in the legal section