Posted by
inkonkoni
18 yrs ago
She's stolen from me. I don't think the immigration department needs to know this. Do I have to give them a reason?
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2046
18 yrs ago
If you have evidence, you'd better tell Immigration Department the reason for termination. The Immigration Department will file this for record.
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Or you might not be able to get another helper?
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According to Clause 11 of the Guidebook for Employment of Domestic Helpers from Abroad, The employer may terminate the contract without notice or payment in lieu if the Hekper, in relation to his/her employment is guilty of fraud or dishonesty. Therefore, stealing from you is a valid ground to terminate her immediately and without payment or notice. In terminating the contract of the helper, by whatever reason, you should notify the Immigration Department immediately so that you won't be responsible for whatever that she'll do or happen to her. Also, she will only be allowed to stay for not more than 14 days from the termination of the contract. And since you are terminating her for a valid reason, I definitely think that giving the real reason would be best as maids sometimes will sue their employers for reasons that did not really happen. So, if you have proof, the better it is. Be prepared. Sorry if this sounds grave or a threat. But these things does happen. Good Luck.
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etnad
18 yrs ago
She's stolen from you? Money, jewelry,anything of high value? I think your maid needs to know that you knew she's stolen things from you. Talk things out,maybe she just kept your things in other places, for safety. safekeeping. I don't think any sane person can still work comfortably and relate to her employer harmoniously in such an uncompromising setting. If you got proof and she won't admit, call the police, file charges, and terminate at once.
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We terminated our first helper with patment in lieu of notice. She had not stolen from us, but all immigration needed was the letter of termination, which stated the facts (termination date, payment etc.). We just gave her the reasons face to face, so that her future job prospects were not hindered.
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She stole, she knows she stole, although she doesn't really view it like that. I terminated her. Now I just have to get her to actually leave.
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So if you do not want immigration to know why you are terminating her (as per your original question), you still have to give her payment in lieu of notice. If you do not want to pay, then immigration need to know the reason, so that you are abiding by the rules, as outlined above. You asked for advice on how to do something, when you get it, you get snappy!
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I'm curious - 'she stole, she knows she stole, although she doesn't really view it like that' - this is a strange thing to say...what does it mean? I understand that obviously if you're firing her, you're firing her, but I'm just wondering. Is it like if my boss wanted to fire me, she could take a look in my bag right now and I'm sure she would find a company-purchased pen, or some post-its. Technically that's stealing, although I certainly wouldn't view it that way...
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From previous posts, I think Inkonkini's helper spents thousands of dollars on phone calls then denied it until she was cornered, so we're talking about more than stationery or a can of sprite. She is entitled to sack her without notice or pay, but she has to inform Immigration. Otherwise she has to shell out - cannot have it both ways.
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I see. Yes, completely different.
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Sorry guys I didn't mean to be snappy. Was just summing up the "plot". What she did was to take my mobile phone when walking the dog and make overseas calls on it. She then deleted all trace of her actions from the phone (so she knew she was doing wrong) and hid the phone bills from me. Yes, I know, I should have realised earlier, but the money was automatically taken off my credit card. Yes, I know I should have realised earlier, but one of the reasons I have a helper is because I have such a bad memory I forget to take daily medicine. So while I noticed the excessive amounts coming off, I sort of put it aside to "deal with it" and never go around to it. Until one day I got the phone bill before she did. I asked her to "please explain". She swore she didn't know any of those numbers and always used a prepaid card. She suggested I phone the numbers to check if anyone there knew her. Naturally they did not. I took the argument up with Peoples, thinking my phone account had somehow been hacked. She even came with me to the People's shop where the man examined my phone to see if they could prove the calls came from the phone. they could not because she had hidden her footprints very well. Only when I pointed out to her that this was HK$8,000 worth of phone calls (actually more because I had yet to get the bill for that month) and I was going to the police, did she confess.
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