Posted by
s1339
16 yrs ago
Do you buy insurance for your part time helper? And is it not legal if you don't get insurance for your part time helper?
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s1339
16 yrs ago
Hi Green, thank you! My helper's employer is gone back to the UK and she still has her visa for a few months. That's considered legal? And how do I get insurance for her and how much is it?
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i would be very surprised if that is legal
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I think it is only legal if your helper either somehow has PR status, or is in Hong Kong on a dependant's visa. If your helper was being sponsored by a previous employer who has now gone back to the UK, then it would not be legal for her to be working part-time for you.
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It could be a personal problem (e.g. marital problem, homesickness). Or, if she is new, she might actually be nervous, or not speak good English, and it just looks sour. Another possibility is that she might have some kind of chronic illness, if she is experiencing chronic pain that could explain her less than cheerful appearance.
On the other hand, she might be trying to get you to release her (i.e. with one month's salary in lieu of notice). And if you have decreased her salary / cut her perks / cancelled or refused her summer holiday etc etc that could be the cause of the attitude.
Apart from her sour manner, how is her job performance? Is she hardworking? Does she try her best at her tasks? If she's been with you for a while, has her performance been consistent?
If the reason is one of the first few, i.e. personal/health problem, nerves etc and she is basically a good helper, then I would try to support her. If she's new and terrified of losing her job, some reassurance will probably solve the problem.
But if the reason is basically bad attitude, by all means get rid of her. Or ask her firmly to improve within a fixed time frame, and then if she doesn't fire her at that point.
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I'll chime in here and reiterate that a "Foreign Domestic" helper who is still in HK when her employer has moved away may not under any circumstances work for anyone else. In fact her visa will expire two weeks after the end of employment.
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s1339
16 yrs ago
Hi, Green & Axptguy, thank you for the info. I really had no clue. I thought as long as someone has a visa in Hong Kong, she can work part time with the employer's consent.
So, let me conclude: to get a legal part time helper, she needs to have a PR status; and to be a responsible employer, I need to get her life insurance even though she is working for me part time.
Can anyone please advise how I can get insurance for a part time helper? What companies would you recommend?
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"I thought as long as someone has a visa in Hong Kong, she can work part time with the employer's consent."
The clincher here is that a FDH visa states that she may only work for the employer specified on said visa. FDH visas are extremely restrictive and allow no freelancing. In reality of course, such freelancing occurs all the time.
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S1339: You need to buy medical insurance, not life insurance. Check with you insurance agent or bank. They should all have some type of plans for PT helpers.
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There is a requirement to provide worker's compensation to anyone working in Hong Kong under the Employees' Compensation Ordinance : see Q&A on http://www.labour.gov.hk/eng/faq/cap282a_whole.htm.
"Regardless of whether the employees are working full-time or part-time (including part-time domestic helpers and summer job workers, etc.), an employer of such employees is required, under section 40 of the Employees' Compensation Ordinance, to have a valid insurance policy taken out to cover his liabilities both under the Ordinance and at common law for injuries at work in respect of every employee.
An employer who fails to have a valid insurance cover is liable to prosecution and, on conviction, a maximum fine of HK$100,000 and imprisonment for two years.
Moreover, under the Employees' Compensation Assistance Ordinance, Chapter 365 of the Laws of Hong Kong, an employer who fails to comply with the compulsory insurance requirement is liable to pay a surcharge to the Employees Compensation Assistance Fund Board. "
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s1339
16 yrs ago
Hi all, thank you for the info. I have decided to let go of my part time helper since that's considered illegal. She has been really nice so will take her to lunch and explain to her why I need to make this decision. Hope she will be ok. I don't want to get into any legal issues as I am on a working visa myself, so would not want to be kicked out of the country and it would be the worst to get fired like that.
Meanwhile, I hope it is not too difficult to find a part time helper with PR status and HKD 600 a year for insurance is not much. Would certainly get it.
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s1339
16 yrs ago
Hi all, thank you for the info. I have decided to let go of my part time helper since that's considered illegal. She has been really nice so will take her to lunch and explain to her why I need to make this decision. Hope she will be ok. I don't want to get into any legal issues as I am on a working visa myself, so would not want to be kicked out of the country and it would be the worst to get fired like that.
Meanwhile, I hope it is not too difficult to find a part time helper with PR status and HKD 600 a year for insurance is not much. Would certainly get it.
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Your part time helper knows what she's doing is illegal...
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