Posted by
madre2be
15 yrs ago
We terminated our helper's contract and gave a very generous termination payment. However, she has put in a claim with the labour rels dept, demanding $1,800 for an open flight to the Philippines. Is it usual to pay for an open flight? We gave her $1,000 plus $300 for travel expenses.
Incidentally, she is also claiming for an inflated salary which she says we agreed verbally (obviously this differs from the signed and agreed salary on the contract), so have doubts that open flights are the norm. Just wondered if anyone else has had same problem?
Also, I believe attendance at the 'conciliation meeting' at Labour dept is not compulsory. My husband works and I am 8 months pregnant, so it is difficult for either of us to go. The paperwork should all show that we have already been very generous. Does it count against you if you don't attend?
Any experiences folks have had will be helpful!
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Technically, you owe her the cost of transportation back to her home in The Philippines, including any taxi, train, flight, ferry, bus and whatnot. It's not just the flight. 1000 +300 should be enough but you should check if it is in the ballpark.
There is no requirement for the flight to be open.
I don't know about the Labour Dept here but in my experience not attending tends to skew everything against you.
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We used to give our previous helper $300 expenses and with that she paid for her travel in HK to airport ($14) + in Philippines, and for her husband to meet her at the airport and had extra left over. She lived further away and in a more inaccessible place than the recently terminated helper, so we felt it was a fair amount.
Would like to know what other people offer so can compare...
The $1000 is far more than the cost of a single flight was with Cebu in the period of the termination. We went online with her and looked at the prices and she agreed to the amount at that time. Later she changed her mind.
I was worried not attending would go against us. I guess this means I'll have to attend...
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The other option if you would not attend the conciliation meeting at the labour department,
Send a letter to the labour department and attached all the evidence that you have included the receipt payment of your settlement with your helper.
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You should definitely attend. It is the only way that you will have your chance to put your side of the story across. Go armed with the receipts showing what you paid her for her expenses. Don't worry the people at the Labour Dept Conciliation are very fair, they have seen all the scams and will help. They are also punctual with their appointments, but you could always forewarn them that you are in the late stages of pregnancy and so don't want to be stuck waiting.
You are not required to make it an open ticket. I suspect that she is launching this quest in order to stay in HK longer (while she has a dispute via the labour Dept, she cannot be made to leave).
Would be interesting to know how long between her termination and now. I suspect she has already wangled a few extra weeks than the two that she is entitled to.
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Thanks for your thoughts.
beancurd - the flight is to Manila, and we checked prices with with Cebu Air (?). She wants an open ticket, not a dated one, and it is this that is making the cost higher, not the destination.
Princess - we faxed off all the receipts, paperwork etc to the Labour dept.
A guy from the labour dept called yesterday - he has gone through the paperwork and said we have overpaid and can claim it back if we wish. He said she has no case and has called and told her, but she wishes to proceed anyway. He said he is not a judge and cannot throw out the case, but he understands if we wish not to go to the conciliation meeting as conciliation does not seem possible given that she will not give up her claim and we have already overpaid.
Spurtio - I had the same thoughts re visa extension. It has been suggested that we refer this to immigration as she has no case.
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Maybe your ex-helper is poorly advised. She may be listening to somebody who's also misinformed on FDH's and employers' rights.
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Madre2be, since the labour department has been suggested to you to refer her case to Immigration department and you knew what is her purpose why she doing this to you,
I assume that your helper want to bring you to court, if she is not satisfaction with the conciliation result from the Labour Department.
She is doing that just for one reason, she want to get visa extension to stay longer.
Then why don’t you write an explanation letter to Immigration Department and attach your payment settlement, in order Immigration officer to stop her actions any further.
I am sure Immigration officer will not give her any extension visa anymore whatever reason.
Good luck.
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I assume under these circumstances she isn't going to be getting a glowing reference either! :-)
Good luck with the meeting. It is a bit gruesome having to turn up and meet up again with someone who is being so painful and awkward, but as I mentioned in my earlier message the Labor Department conciliation people are pretty good at this and make it easy.
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Personally I would turn up and give her as much trouble as she is giving you and then some.
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from what I know... you only owe your helper 1 way ticket back to her place of origin, and some employer actually book fixed date ticket that is the next day after they give termination notice. However, MOST would give 2 weeks after the last day. If the helper CHOOSES to extend her stay, hence the need to change the plane ticket, it would be her own expenses to do so.
There is NO clause that requires employer to give open ticket, nor any other requests such as WHICH airline, what time, what class code.... etc. ONE WAY ticket is it.
Of course helpers can try to claim ALL sorts of things, and by going to the labour department is just a pain and waste of time for you, but that's the unfortunate part, you should go to avoid further problems. clear it all up at once at the meeting.
If you are right, and documented everything, go and get your peace of mind.
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An update....after all that, the helper was the one not to turn up to the meeting! So now we are following this up with immigration...
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