Under 25?

I have searched through a couple of websites and can't find any current information on under 25 year old domestic helper. Does anybody know the rule that would apply if I fire my helper who is 23 years old (her contract was approved late December 2006). will she be able to look for another job here in Hong Kong or will she have to wait until she is 25 years old. Also she is returning to the Phillipines next week for a week holiday and assured me that she will not have to do the month course or any assessment.

Any information would be greatly appreciated as I really can't find any relevant information.

P.S I rang immigration and they gave me the website address for the Phillipino Overseas Workers site which is extremely confusing.

As I understand it if she can secure a contract here in HK before returning home (better still if she can do that and her new employer convinces Immigration that her need is urgent and the helper's return home is deferred for up to one year) then she isn't caught by the new PH rules - which are causing a lot of confusion over tyere right now with many of the government agencies involved not being totally clear themselves. It's not surprising that there are many conflicting stories. My suggestion is that if you are really concerned about it then YOU go to the PH consulate in Admiralty (calling them is useless, and sometimes even going there in person can be very frustrating as there are a few of the staff who seem to forget that they are public servants) and get the full story. But if you are firing her then do you really need to know? If it's your helper who wants to know then she could visit the consulate herself. Good luck.

Hope this helps--



From

http://www.philcongen-hk.com/:


Primer On The POEA Policy Guidelines For Household Service Workers (HSWs) Bound For Hong Kong ONLY

11 February 2007

POEA package of protection and welfare enhancement reforms for HSWs effective 16 December 2006


Minimum deployable age of 23

Possession of TESDA NC2

Holder of OWWA Certificate of Orientation /Competency on Language and Culture

Prohibition on collection of placement fee from HSW whether done prior to their departure or on-site salary deduction




COVERAGE: All package reforms shall apply to:


Newly hired/first timer HSWs

PRE-TERMINATED*/RETURNING HSWs

Previously worked in Hong Kong or in other country WITHOUT having completed/finished one employment contract term




EXEMPTED HSWs from the coverage


FULL EXEMPTION

Newly hired/first timer/ pre- terminated* HSWs

Visas issued BEFORE 16 December 2006; or

Contracts processed under job orders registered at the POEA before 16 December 2006; or

Contracts verified by POLO-HK BEFORE 16 December 2006


(provided processed at POEA before 01 March 2007)


* Those pre-terminated HSWs WITHOUT ID 522 from Immigration Department of Hong Kong and those processed under Name / Direct Hire Program


Vacationing HSWs or those presently working with existing employment contracts

Returning HSWs to Overseas Jobs

Previously worked in Hong Kong and returning back to Hong Kong with at least one FINISHED/ COMPLETED employment contract

PARTIAL EXEMPTION

Returning HSWs to Overseas Jobs


Previously worked in other country with at least one FINISHED/ COMPLETED employment contract but will now work in Hong Kong - exempted from age requirement and TESDA NC2 but required to attend orientation on Language and Culture provided for free by OWWA.





TESDA National Certificate (NC2)


Attestation of possession of four core skills competencies on house cleaning, laundry and ironing, preparations of hot and cold meals and provision of hot and cold food and beverage services




Requirements for the issuance of TESDA NC2


ASSESSMENT EITHER

Practical Test – an applicant with extensive experience either local or overseas may directly opt to go to any private TESDA accredited assessment centers located in strategic places in the Philippines

Payment of Php1,000 as fee to private accredited assessment center for 3-4 hours procedure, the result to be issued immediately after the assessment;


OR


Portfolio Assessment – for HSW who has at least 2 years recent work experience ONLY evaluation of documents to determine their authenticity and sufficiency in order to establish her competency

Payment of Php200 as fee to private accredited assessment center for evaluation of proper documents


Payment of Php100 for the certificate to TESDA Regional Office issuing NC2 for HSWs five (5) days after passing the assessment

Training of 216 hours REQUIRED ONLY AFTER applicant fails three (3) times in assessment /practical test with an interval of one month per assessment/test

Payment of Training fee to private TESDA accredited training center




OWWA Certificate of Orientation/ Competency on Language and Culture


A 3-day country specific language and culture orientation provided FREE by OWWA

Mandatory to:

Newly hired/first timer HSW/pre-terminated**

HSW is returning to overseas jobs as in Hong Kong but with previous job in other countries with different language and culture than those in Hong Kong




No Placement Fee Policy


Prohibition on collection of placement fee FROM HSWs whether done prior to their departure or on-site salary deduction

** Without having completed/finished one employment contract term


All vacationing workers who were issued exit clearance or OEC at POLO-HK are cleared for deployment and should not be required to present the TESDA NC2 for HSW or OWWA Certificate of Orientation/Competency on Language and Culture at the airport.