Signing contract without medical certificate?



ORIGINAL POST
Posted by lpperry 17 yrs ago
Am new to Hong Kong and looking for some advice....I have interviewed a helper through this site and would like to employ her...we have been told we can fill in the forms ourselves rather than use an agency....she is breaking contract and wants me to sign the standard contract before she does so (understandably) - however she says she does not have a medical certificate - is it OK to sign the standard contract (which has a clause saying I have seen her medical certificate) before having a medical done? What is the normal process? (This lady has been in HK for around 10 years in previous contracts).


Thanks in advance for any advice.

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COMMENTS
lpperry 17 yrs ago
Thanks for your prompt response and sage advice - we are trying to get things done fairly quickly given the breaking lease situation and possible lengthy visa times...but you're right, it would be silly to cut corners and end up wearing the costs..


She has only been working in her current contract for a month and a half - why would she not have got a medical done before starting with this employer do you think?

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omaharrison 17 yrs ago
Amother point to consider is that if she is pregnant then you cannot fire her after you sign the contract and she then inform you.

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Momoftwo 17 yrs ago
Not having the medical test note is not a surprise, depends how her previous contract was done... sometimes the agency keeps it, or they give it to the employer, and the helper doesn't have a copy of it. And alot of times, the employer doesn't even remember to do it. Those who have babies or young children will be more strict about the medical, otherwise, a simply pregnancy test will be satisfactory for a lot of employers.


I am not concerned about that only.... from the way you described this situation, I am concerned for you that this helper is a little "tricky" or something is wrong with her situation.


Do you know why she wants to break her contract only after 1 and half month? Do you know that for her to break a contract, she has to either give 1 month notice to her present employer, then process your contract, waits for at least 8 weeks now (if she is Filipina, even longer)... she has to leave HK and wait for her visa, and if you don't use an agency, all that headache work and paper work is for you to do it.


If you are willing to pay for her 1 month notice in lieu of waiting one month to her present employer, then she can leave right away.


Question is: is this helper THAT good ? Is it worth doing this for her?



Warning, DH from Phillippines are having really hard time getting to HK once they go home. Takes unusually long to process, their gov't is like a vampire sucking up the DH who are working abroad alot of their money.... and alot of weird paperwork that is tedious.


I have so many friends who hired DH from Philippines lately, and the girls don't arrive because of fees, paperwork that went wrong, and they simply weren't allowed to leave the country.....


Just my opinion.

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axptguy38 17 yrs ago
I will chime in and say that if her medical stuff is fine, then she should be fine doing the tests including the pregnancy test. I know you're in a hurry buit it's worth doing it right. You have to live with that person in your house.


Also, of course, do actually get insurance for her once you've hired a DH.

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lpperry 17 yrs ago
Thanks for the the replies everyone - she is fine doing a medical so we will get it done and sign the contract with a note to say pending medical....it is really for her peace in mind that we are serious so she can resign from her current employer.


She has offered to forfeit her own salary for this month with her current employer so she can leave immediately - I don't think she is being treated very well though she has not gone into great detail (which I think is a good thing) - previously she has had 6 years and 4 years with the same employers - have ref checked her there and they were glowing...


I know visa applications can take a while but have also been told it could be as short as three weeks - is she really that good? I don't know - we liked her attitude, she has only been previously with Chinese families and we are Australian but she seems bright, kind and resourceful so we thought we would give her a try....we interviewed four really good people (all off this site) but somehow liked her the best...


Are we being naive?...probably....we may well live and learn but I guess there are some dodgy employers out there too so we are prepared to give her the benefit of the doubt.

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ldsllvn 17 yrs ago
have you spoken to the previous employers? I mean the 6 yr and 4 yrs ones? If you have and they say good things about her, dont worry about the current one - maybe they just did not click - these things happen. But make sure you speak to the other two employers.

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