Another termination issue - Fire now or not, please help

Our helper has advised us yesterday that she wanted to leave within 2 weeks and pay for the last 2 weeks. It was quite sudden and we got worried how we could immediately process a replacement for her. This is because she just received her Canadian visa to work as caregiver even though we already agreed that she would stay for 1 month if she gets approved. We only knew she applied 3 weeks ago and she kept us out of the loop in the whole process. We were quite furious obviously as who would suddenly take care of our daughter! She has not kept her word of staying 1 month with us.


We checked with the Labour department and it seems that she is still following the law so it seems there is no recourse for us. I told the officer how come it seems that the contracts favor the helper so much and that there are no protection to the employer in cases like this. The officer suggested for us to suggest amendments by writing to the government and hire local amahs in the mean time!!


We suddenly have to ask my mother in law to fly here. Then we still have to pay for the helper's return flight, etc. We have accommodated all her requests during her time with us even though her performance is below par. We even wrote her letter of employment which we reluctantly obliged to the Canadian visa and that was the only time we found out. It would have been win-win ---> we kick her out of the house because of poor performance and she's happy in Canada.


The other clincher was she begged us to still employ her if her visa gets declined. She pleaded that she needed money for her kids schooling. Poor us, we agreed!


Now that she got her visa - she was so arrogant and proud that suddenly she is dropping us like a hot potato.


We just feel that we have been used and taken advantage of our generosity with her. Is this not enough case with the Labour department? Shouldn't the the law be equitable to all??? Sorry but I just had to rant.


But if the Labour department already says we have no case as she is still following the law, do we stop pursuing this? Or do we talk to a private lawyer - any ideas how much it would cost? Any suggestions on whom we can get a third party opinion?


We can also terminate her immediately but I need to pay her 1 month which would undeservingly help in her settlement in Canada!! We felt she was dishonest with us and I wanted to cite this to avoid paying but the Labour officer said the case would not hold.


It's quite hard for us to see her stay any further in our house. She still moves around as if nothing is happening (still doing chores, etc.). Unbelievable. We feel helpless now.


It seems the whole time, she is always in control, always gets her ways. No protection for us.


OPTION 1: Fire immediately

Pros

We take control

We won't feel taken advantaged of anymore

Cons

More expensive option - need to pay full month's pay, airfare, still need to pay for mother in law's air fare to help in the interim


OPTION 2: Agree to the 2 week offer

Pros

No cost to us except the airfare again, plus mother in law's fare

Cons

She still gets control again which we are sick of!


Do we just get on with her replacement and ask the Immigration to expedite the new visa?


Where can we complain that the contracts favor the DH too much. There are also costs to us - now I had to be absent from work just to fix all of these mess!

Tiger, thanks very much for the quick response.


My mom already advised us to terminate her immediately when we heard she applied but we did not listen. As you said, she played her cards to her advantage - begging us, using her kids as her ploy. Her household work is crap but she is ok with our daughter that is why we held on to her. That played a big part because we did not want to gamble on another helper that would take care of her. She was also my daughter's nanny since she was a few months old. My daughter is now 4.


I think you were so right that she was definitely 'coached' by her agency. We were sooo clueless and gullible from this all!!! My wife even gave her a recommendation to the embassy. She abused my wife who is sooo good to her. She had issues with the way I treated her but I told her if her performance is not crap (repeatedly bleaching all my clothes, etc.) then it may be different. She said I was ignoring her, not talking to her, etc. But I am really quiet by nature!!! I don't even talk to my office mates :-) I told her to go back to her performance (it felt like a work appraisal to me).


When she said her Canadian employer asked her to be there in 2 weeks, we asked for written proof and documentation. She did not show us a single document. We had a huge shouting match to the point I asked her to leave the house at that moment that I had to call in the police to intervene!! Only then she showed us the visa copy in front of the police. She was quite strong not to show us any proof. She was coached quite well. That is probably why she did not tell us anything at all.


Now she gets two weeks free board and lodging in my house!!! I also have to pay her one way fare!! Now I feel worse and more angry.


We told her that she took advantage of us and her karma would catch her. But as you said she would not hear anything of it!! She pretends as if we do not exist.


One more thing - we are really not against her going to Canada. In fact, we will be happy for her as the things you stated above ---> double pay, citizenship, etc. We are fine with that and definitely have no issues.


What made us furious is that she did not keep our agreement of staying with us for 1 month after her visa gets approved. She knows that getting a replacement within a month is real stretch.


If she could have stuck with the 1 month there wouldn't be any issues or arguments now.


We thought that she would probably go home first in the Philippines to be with her family before flying to Canada as she has not gone home in over a year. Though we don't care really.


2 weeks is just impossible to get arrange a helper. Now leave plans are in jeopardy. Extremely annoying. I just want to punch her in the face.


To the others beware. Hope others learn from our experience...

I also had experience on it. My maid went to Canadian when my daughter and my son were just 4 & 7. She had been working with us for 6 years. When I renewed the contract again, she sid that she would like to stay until she retired. But 1 mth later, she told me that she would go to Canada. Yes, good gualification is the main point. Since she worked for us for that long; and she was the 1st maid I used, my children & I were hardly to accept another new helper. That's why I quited my job. Now, I have found a fresh comer from overseas. But I thought that An experienced one will be better as I do not have time & temper to train her. How shd I do?

TO: Tiger01, thanks for putting things in perspective. In a way you are right, to us it's just the inconvenience of it all really and the fact that she has done us over - human reaction. We perhaps should focus on our own life's positives. We know that a lot of the DH just makes HK their springboard to Canada. Her experience with us she definitely used as her background for the caregiver job. At least we know, we are the ones who did not take advantage of other people. We are the agrieved party here and have not done others wrong.


What I hate most is when I see my wife crying and so stressed out with all of this.


TO: ssuenmak, it is really not easy to have a helper. it's hit and miss sometimes. we thought that they would make our lives easier but turns out it's the other way. it makes it more complicated. i guess we learn as we go along...

To: Tiger01, you mentioned that employers in HK have significantly more advantage than employees. Is this specific Domestic helpers or HK employees in general? Can you cite some major ones? Thanks.

I don't think you had to pay her return airfare as she is the one who has served notice on you?

It is by law to pay for their return tkt. But in case, they will ask u to pay in cash as they will go directly to Canada.

may i suggest to all the employers to read and reread the green paper contract. whether either party terminate the contract it is the employer's responsibility to pay for return ticket and this applies to any nationality of the helper. And no one goes to Canada straight from hong kong. I suspect that the reason she did not agree to the one month is because she does not much have time with her family before going to Canada. And helpers know that almost one hundred percent will be fired if they are honest about their applying for canada. many has gone down the drain simply because they were honest and trusted their so called good employers. now a days it is rare to find a person who not only go for a mile but will go for the second mile if there is an oppurtunity. see she was asked to stay for a month but she brook the promised and will only stay for two weeks and it was mentioned that it is difficult not having a helper, well i must say that employers if not all have a better life with helper than not having one.