Employer Protection

Granted that the DH are protected v v well by the labour department I was wondering if there was any protection offered to Employers. Reason I ask this is cos my sister had DH whose contract ended on the 14th March. After which she decided as she had 2 DH she didnt need 2 and would only re-sign one who happenned to be the other one whose contract ends next yr. She told the DH helper nicely that they wont be renewing and paid her all monies due to her,got airticket arranged etc etc. Only to find the morning of the departure of the DH the woman leaves the hse at the crack of dawn not saying goodbye or letting anyone know that she was leaving AND LEFT ALL THE MONEY/TICKET ETC BEHIND. She then goes and files a case saying she was kicked out without being paid or any notice. And all this nonsense abt not being gvn rest days, not being gvn enough food to eat and all this random stuff. Now my poor sister has to deal with the headaches of rude callers calling and threatening saying they know her schedule and her childrens and god forbid anything were to happ to them. Not to mention the headache of a court case and all this unnecessary hassle. It seems so unfair. She has all the salary records to show. But she didnt make her sign a slip everytime she went out on a Sunday. So how can she prove she did gv the woman a day off. Im hopping mad and my sister is soo stressed. I thought DH are supp to make our lives easier. Sometimes I wonder if they really do or not. Can someone help cause all this is making me really cauttious and I have just hired my first full time live in DH. I want to make sure I do everything right God forbid something like this were to happen to me.

Sorry to ramble.

yes the other helper is definitely going to help as much as she can but my question is this rest day business. does that mean we hv to get our helper to sign a slip of paper every time she goes off. that wud be such a pain.

If making your helper sign something like a time card will prevent her from making untrue accusations when she leaves or when you terminate her contract, then it might be worth the hassle.


And when you terminate her, put it in writing together with a valid reason and a list of compensation that she will receive (wages in lieu of notice, plane fare, unpaid leaves, etc..)

Hyperactivebunny

So sorry to hear abot the hardship yr sister went through. The below is the sample of form I'd get ex-helper to sign every month for our record. The most importatantly, make sure her signiture is the IDENTICAL w/ the one in her passport/ contract.


Wage receipt


I, ______ , ID/Passport No.

______, acknowledge receipt of payment of the


following items from my employer xxxxx on (date) in cash/cheque.

1. Wages (from xxx to xxx, 2006) HKD xxxx

inclusive of payment for the following:


(a) Statutory Holiday (date xxx)

(b) annual leave

(c ) sickleave

(d) overnight stay at boarding house on xxx


Received by (signature) ____________________________________________


Name

Witnessed by (signature) _______________________________________


Name


rgds

Between the payment of the air ticket (plane tickets have a "ticketing" date for example) and the eyewitness testimony of the second helper (and possibly building security/management), I am sure your sister is going to be fine. It's a hassle she shouldn't have to go through, but she will come out on top.


The helper could also be making a calculated gamble in that she is still looking for another job and hoping to find one while her labor claim is being processed. I definitely don't condone such behavior, but I wonder did your sister give this helper one month's notice or gave payment in lieu of notice. If she gave the latter, then it really doesn't surprise me with regard to the helper's tactics. The crank phone calls though are way over the line.


I'm not saying this was the case, but to expect a helper that you are not unhappy with to find another job within their two week grace period is very poor form. Although you hear horror stories on this site every once in a while, these helpers invest a lot of $$$ to come over to Hong Kong. To be terminated prematurely (for whatever reason, but sometimes its just because the expat family is relocating) or to not last more than one contract means they may not even break even on their investment.

My sister didnt terminate the helpers contract. She simply waited for it to end and then let the helper know that they wont be resigning.

How could she do that since her helper already gone out from her house?Im a bit confused here, on the top of this thread you mentioned about your sister helper already out from the house without saying good-bye so why would your sister still continue the contract for her?