Posted by
kneebows
16 yrs ago
Our helper, who terminated her contract early and chose to work her month out, chose last night to leave a week earlier than the month's end. Last night I prepared the paperwork and collected what we owe her according to the FDH guidelines. This morning she packed her bags, removed them from her room and then refused to sign the termination payment letter which outlines the reason why she left and the money, airfare and travel allowance we owe her. She said "they" said she should not sign anything until she has spoken to the consulate. It turns out "they" are her friends who have not even seen the said letter, nor would she even read it.
I explained that for our own safety, we could not pass the payment to her until she had read the letter, checked the pay packet and signed the receipt letter.
I gave her a copy of the FDH guidelines which outlines the payments that can and cannot be made to a helper in her situation.
I read her the receipt of termination payments letter.
Yet still she left, with her possessions and without her termination payment. Again, that was her choice.
I am now terribly afraid of what might happen next.
I have done everything I can think of by the law. She signed a receipt each month for her wage and food allowance as stipulated in the contract.
She chose to end the contract, she chose to work the month out, she chose to end that early and she chose not to accept her termination payment.
So why do I feel like I am about to be put through the wringer?
I guess my next step is to sit on the phone to the Immigration Department and outline our case. What else can I do ensure she can't cause us any more grief?
In the meantime I guard the fort.
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agree with the above - phone and write to ID asap and do change locks. You should have nothing to worry about - you have the records of your payments to you right - there is not much else she can "demand" from you at all...
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remember to send a copy to the philippine consulate too and the immigration department's foreign domestic helper section.
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Thank you so much for your advice - I am feeling a little lost and scared at the moment and your posts have buoyed me.
I rang the Immigration Department and they told me to ring the Labour Department. I rang the Labour Department and they told me to ring the agency which processed her papers. I rang the agency and they said to sit tight and wait for her to come back (I have no idea where she is now). Then I checked your replies. So now I have faxed a letter of explanation to all three bodies and included a copy of the recipt for termination payment letter and a copy of the acknowldgement of contract termination letter to our helper we planned to send to the immigration department when she departed. Now I just sit and wait .....
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FKKC
16 yrs ago
Be calm and don't be afraid.......from what you wrote, you should have covered everything to protect yourself from this helper who is so unreasonable to leave just like that......guess she is greedy and wants more from you.
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I am beginning to think I need to speak to a lawyer. She terminated because after two months with us she asked for a pay rise and we said no, but we would review at Christmas.
She has now reappeared with an outrageous claim for twice what I believe the law says she is entitled to in regards to termination payment.
For example she is now saying she must be paid for the days left of her contract even though she has chosen not to work them.
She is also claiming two days annual leave payment although her notice was given to us and the Imm dept before she had worked three months for us.
I really need someone I can sit down with and discuss the legalities - does anyone know if there is such a facility for employers?
I have done as much as I can to accommodate this girl, but I will not pay her for what she is not entitled. She has turned to nastiness and greed in order to "get what she wants" (her words). I will not tolerate these characteristics in my children, and certainly will not give into them from this woman if I can possibly help it.
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kneebows,
this DH terms ARE outrageous, let the relevant authorities (Your agency,Ph. Counsulate, Labour Dept) take care of this and do not engage in any further discussion. You have the law on your side.
Hang in there, she is pulling nothing short of an extortion play on you and hoping you will cave to her demands. Don't pay for a lawyer, the law is clear.
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kneebows
the link i sent you previously stated
An employer should pay severance payment to the helper if he/she:
is dismissed or the fixed term contract is not being renewed* by reason of
redundancy; and has not less than 24 months of service with the same employer
immediately prior to the termination
An employer should pay long service payment to the helper if he/she has
worked continuously for not less than five year
so she is not allowed that because she just worked for you for 3 months
===
3 months and she already wants a raise!! someone must be feeding her all this outrageous ideas.
make sure you read the employment contract for clauses about a salary increase
you are clearly in the right, and it is correct that you reported this to all the necessary authorities.
if she comes back to you again with these demands, ask her to put it in writing on the pretext that you'll review them. this will provide you with evidence if she comes up and turns the situation around.
also you could try calling up the Filipino Migrant Worker group for assistance and info
http://www.migrants.net/_index.htm
2522-8264
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kneebows,
You need to understand that Immigration Dept. deal with immigration matters, they DO NOT deal with contract issues such as pay, holidays worked etc - this is the Labour Dept. So you need to cover both.
1/write to ID explaining she has left etc etc
2/Send a letter via recorded delivery to her. If you do not know her location send it to your home addressed to her but DO NOT sign for it yourself! Keep a record that it was undelivered. In the letter state what you are willing to pay, how you calculate it etc. Also state that has not been available to work due to her leaving and that you consider her to have terminated the contract accordingly. Don't forget you still need to pay her flight home so include in the letter.
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change your locks.
Inform your security guard that she is not allowed into the building -give them a copy of her photo.
go to the police and tell them that she has left the house for good and insist that they give you a
record file number of it.
That way if she plays games etc, you get the upper hand because you went to the police.
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A piece of advice - don't bother asking the Labour Department for advice on this. I approached them before and found them to be very biassed towards employees, really pushing me to pay up on my then-helper's greedy claims for extra money. For example, the severance payment, they pushed me really hard to pay it and even made mild threats when I said I wouldn't (e.g. if your helper makes a claim against you we won't be able to do anything for you ...) even though it was clear she wasn't entitled to it.
My own opinion is that I would not give in to this woman's demands. I can't stand it when people try to 'force' their employers to give them more than what they're entitled to. And it sets a bad trend as well, because if everyone gives in it will be harder and harder for the rest of us to stand up and say 'no, I won't pay up, it's not fair'.
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She is now saying I made her leave ... no guesses what she is up to. It is now a case of "She said ... he said ...". It never ceases to amaze me how doing the right thing by people can lead you into hot water.
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just as much as i expected
just ask her to provide evidence that she was made to leave and present witnesses.
also, going forward - it would be good to have a witness present for all conversation with her and / or to record the conversations.
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The only "conversations" we are having are via SMS. Have printed all out.
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