Posted by
LILIHK
17 yrs ago
I have a friend who recently told me a few things that confused me about HK law and the employers responsibility to pay for air tickets to & from their helper's home country.
Here are my questions: Am I required to pay for airfare...
1) airfare TO her COO if she is returning due to a premature termination (an now I have signed a new contract with her)?
2) BACK to HK in the above situation?
3) TO and FROM her COO for annual leave?
3) TO her COO if she resigns?
4) TO her COO if she is terminated?
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http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
This is a link that ought to answer your questions and is divided into chapters.
Basically part of your obligation when you sign the contract whether you fire her, she quits , is sick, pregnant, or anything else.... you are required to pay for her to return to her country on a one way ticket. This is the law and will never change. If you fire her, she has two weeks visa to find another job and if she stays over two weeks past the last day of employment she is in breech of the law, but you STILL have to pay for the ticket.
Every 2 years at the end of the contract you pay the one way. If you re-up her contract that is a round trip ticket good for another 2 years.
For years many girls would not return to their COO, but the HK govt. has cracked down on this practice, some girls have gotten around it by going to mainland China or Macau for a few days (so I've heard) but HK requires that the DH return to COO at least once every 2 years.
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Dear Ausmob,
I am mildly confused by your comment using the word HOME as opposed to COO. This is from the Labour Dept. and they refer to it as place of origin. Are you tryig to make the point that you need to provide enough money for addtional tranportation from the airport to the front door?
Q10.1 Is my employer responsible for paying my passage back to my place of
origin upon termination or expiry of the contract?
A Yes. Upon termination or expiry of the contract, your employer should
provide free passage, usually an air ticket covering airport tax for you to return
to your place of origin, and a daily food and travelling allowance.
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