Anything else that can be done?

My helper's friend "M" is in a very unpleasant situation. She terminated her contract a month ago due to her employer being impossible. I have seen on occasions how the ex employer has been treating M and I think it was the best thing she could have done to maintain her sanity. The ex employer even told me that she treats her helpers badly but, that's the way they should be handled.


Unfortunately, the resignation came with a price. Now the poor lady is waiting for obliged payments to be made by the ex employer and cannot sign any new contract unless the matter is settled.

During her employment, she was not getting her holidays at all, also was only paid half of her monthly salary. The other half was to paid on the day she has completed her contract full time. Since she broke her contract, the ex employer is claiming that she is not eligible for the payment.


Other than the money issue, she was also asked to massage the employer every night, her passport was kept by the employer which M had to insist to give back after her resignation. There was plenty of deviation from what we must follow in that house.


After M resigned, she went to the labour department, Phil Consulate where she got an attorney and did all the necessary procedures to get her money back. A meeting was to be held this Monday to make the settlement and of course the ex employer did not show up. So the meeting is rescheduled for September.


In the meantime, M is in a shelter and I am doing as much as I can to support her but, she has no means of revenue to survive for the next 2.5 months.


I am not making up this story, I am really shocked at how things like this could happen. The ex employer is showing no signs of remorse or consideration that she has breached the law, She is even claiming one month salary since the contract was broken.


My question is, is there anything else that can be done to make understand this ex employer that she has breached the law? Also, is there anything else that can be done to support M?


Thank you so much for your replies.

Domestic employment is rife with abuse - and it flows both ways - there are as many rotten helpers as there are sadistic employers - it's a shame the bad ones on either side always seem to pair up with an innocent on the other side.


This case, while awful, if not uncommon, and the wheels of justice turn S L O W L Y. You might call the immigration department again to confirm the legal situation, and then invite the ex employer to do so.

i might be ignorant here but why she cannot sign a new contract until this issue is settled?

Simple, until all issues are settled FDH are not allowed to enter into any new contracts - this is an HK immigration matter. Happened to someone we knew, they spent 6 months waiting in HK, not allowed to enter into any new contracts until the matter was settled. She even spent 3 months waiting for the return of her personal items as the previous employer just locked her out with no explanation. Eventually she won the case and was immediately employed by a new employer.

evildeeds,

6 months in HK - how did the helper survived? Since her won her case, did the judge insisted that her old employer pay for all expenses including her months in HK as I'm sure she got herself into greater debt.

This sounds like the story of an ex-helper of mine. She also had a very bad ex-employer who wasn't paying her properly and who mistreated her badly. After she was fired abruptly, she filed her case with the labour tribunal and lived in her church while doing part-time work (found through her church friends) to wait out the case. (It took about 7-8 mths to settle) In fact i met her through my sister's helper (they were in the same church) and liked her enough to agree to hire her after she settled her case. In her case, there's a happy ending. She ended up with an opportunity to work in Canada after working for me for about a year, and she's there now. I still get SMS's from her occasionally, indicating that she is enjoying her new life there.


So tell your friend M that even in desperate cases, sometimes the silver lining is just around the corner. Although I know part-time work for your friend is not legal, it's also not uncommon. Perhaps "M" may want to consider this?

Hi all, thank you so much for your responses. I have been reading your responses and at the same time been kept updated of the situation.


M is really close to giving this up. Her ex employer came up with another story saying that she has stolen things when M had been thrown out of the house at 10PM. M even had no change of underwear for a while!! The ex employer packed up her stuff and M's friend went to get it so she had no control over stealing things unless it was deliberately included in her things but, it wasn't.


The saddest thing is, M cannot prove it, she can only insist by words.........But we are telling her, if you are not guilty as charged, the legal system cannot bend the truth, HK legal system is far most the uncorrupted system so keep hope.


Despite all this going on, M looks more happy and cheerful.


I will suggest her of part time.



Thank you so much all and I will let her know of all your support.

Can try the Helpers for Domestic Helpers from the St. Johns Cathedral


http://www.helpersfordomestichelpers.org/