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DH terminated contract when taking annual leave

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ORIGINAL POST
Posted by SanjKash 15 yrs ago
I have a simple question. My DH recently returned home to Phil for a family issue. Gave us no notice, and basically said she was leaving the next day. 2 weeks later (and due back the next day) she called and said she was not coming back.


She has asked for the one-way portion of her ticket. Which I think has to be paid because of the Employment contract.


But she is also asking for her unused annual leave (which is x days). Now I am thinking that she never gave me any notice for termination of her contract. Isn't she also bound by the terms in that each side has to give one month notice to terminate? Since she effectively gave me no notice, can I not forego this x days as an in lieu payment? She's left us in a real bind on all fronts.


Thanks for any advice in advance!

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COMMENTS
mike204 15 yrs ago
Since she terminated the contract, she has to give a month's notice, since she wont be working the month, yes she does owe you the employer a month's pay.

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Susie1 15 yrs ago
If this lady is still under contract to you, you must inform Immingration immediatly about the situation. I think if she broke the contract, and effectively went out of HK then you are not obliged to pay her anything in lieu of the months notice, as she didn't give you any notice. Who payed her air fare to go back home? you may possibly have to pay that, but immigration will let you know. Also ask immigration if you have to let the Phils consulate know.

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spurtio 15 yrs ago
Because she left without giving you notice she owes you one months salary, as others have said above. Even though you owe her a one way ticket, travel allowance and x days holiday pay it won't match up to what she owes you.

When you write to immigration dept, just lay the figures out in the letter (she owes you so much, you owe her so much, net result she still owes you) and then you are covered.

Then tell her to go and whistle dixie!

Better luck with the replacement.

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punter 15 yrs ago
Take care of yourself here in Hong Kong. Your ex-FDH, I presume, will be blacklisted by the Immigration Department and can't come to Hong Kong again. (Maybe after 7 years when the statute of limitation is up.)


So definitely report to Immigration and Labour Dept of Hong Kong, and Philippine consulate. Then you're covered.

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c.hefer 15 yrs ago
You do not have to pay her anything. In fact, if she resigns without notice she would have to pay you one month´s salary. I was told that according to law DHs are entitled to annual holidays only after finishing their contract (so once every two years). Everything more than that is voluntarily.

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WWcC 15 yrs ago
I agree with Spurtio


c.hefer, Now that you mention it here, i do need clarification on this. Is a FDH entitled to holidays after a short employment, say 6 months or is it the case she must work 1/2 years before she accures holiday entitlement (pay)?

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spurtio 15 yrs ago
In the Practical Guide for Employment of FDH Read More

produced by the Labour Dept, it refers to Annual Leave in Q4.9 to 4.14

4.14 seems pretty clear that Annual Leave Entitlement starts to be accrued after three months service, just as with any other employment under HK EO. So an FDH that leaves within the first year should be paid for their entitlement.

It also makes clear that the Annual Leave should only be "taken" after a 12 month period of employment has been completed. Hence they can only take the leave that has been accrued to that point and do not end up in deficit to the employer if they leave early. (Again, the same as most normal employers would allow.)

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