come to the end of a DH contract



ORIGINAL POST
Posted by stonebright 18 yrs ago
Hello all


like to know what to do as the end of the contract is coming up soon and do not want to renew contract with the same DH.


frist the DH was hide by myself, on agent was between.


DH is asking 2 week early off as understand that it is her 2 years service holiday, it that true

? can she work to the last day and just give her extra 2 week money will do? also a one way air ticket for DH back to their own country. right? does is include inland flight to the airport near her own town? can bus, train will do instead?

Is the return arrangment cover/cost mean all the way to her home front door?

what about if she must take the 2 week off, am I still need to cover her in term of insurance and place to sleep ( may be her bed in the house), let said if she is traveling HK, any food allowance must pay?


My base line is when she out of the door taking 2 week early service off before the end of the contract, all the reponsibitky to her is end.


please advice.

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COMMENTS
TC 18 yrs ago
If the contract is being terminated and the helper has the 14 days' leave owing you need to pay her out. You then need to come to an agreement with her re whether she works up to the contract end-date and she receives extra or she finishes 14 days before the end-date.


Re the home travel you are required to provide free passage back to their HOME. It doesn't specify that travel from Manila (or whatever port of entry is used) to her home town should be by any specific mode of transportation, although it does say "usually an air ticket" in the FDH Guide published by the Labour Dept. My view is that it refers principally to the HK-PH part of the travel. Hardly any cases I know (both employers and employees) involve travel beyond arrival at MNL airport, but that doesn't make it right.


The insurance bit might depend on what agreement you come to about the actual end-date. If she works until the contract end-date and you pay her out for the 14 days then all liability stops on the end-date. But if she leaves 14 days early then for that period she would be on leave and you would still be responsible.


Foor allowance? Yes, there is one although I can't find any specific amount mentioned anywhere. Again i don't know of any cases where such allowance is actually paid. From the employers' viewpoint I imagine it is either ignorance of the requirement or knowledge that the helper isn't going to create a fuss; and from the helpers' viewpoint I imagine it is either ignorance also or not wanting to rock the boat for a few extra dollars.


Some of the information at the end of the following link might be helpful to you.


http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf

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