Return ticket to the Philippines

Hi This has probably been answered in the past, but I'd be grateful for some advice please.


I terminated the employment of my DH today because her performance has not been satisfactory. I paid her one months' salary in lieu of notice, wages from 1 to 9 November and a one way ticket to the Philippines. I also rounded it up by an extra $200+ in respect of transport to the airport, meal etc.


I terminated her contract this morning and booked her flight at 10pm today.


At after 6pm she called me saying she was too late to change the flight but wanted to stay in Hong Kong longer (i.e. the 2 weeks permitted by her visa) to find another job. She now wants me to buy her another air ticket and also says that I am responsible for her boarding house for 2 weeks as well as meal allowances for 2 weeks.


I'm pretty sure that I don't have to pay for her living expenses while she looks for a new job but do I have to buy a new plane ticket for her because she does not want to return to the Phils today and was unable to change her ticket? Am I responsible for repatriating her?


Thank you!

If you instantly dismissed you helper for the following PROVABLE reason

1 Wilfully disobeys a lawful and reasonable order

2 Misconducts his/herself

3 Is guilty of fraud or dishonesty or

4 I habitually neglectful of his/her duties

then

you are within your rights to buy her ticket and arrange her dismissal package for a flight out within a few days. However if the reason is not plain "black and white" she may have reason to complain to the labour department, and a lot do this to extend their stay, and also find some reason why they think they have been unfarely treated, rightly or wrongly by their employers.

Have you informed Immigration of her dismissal? this should have been done immediately.

Also when she was employed with you, did you always keep a record of all wages paid with receipts, and if the reason for dismissal falls within the list above it must be serious, and with proof, then you are on good standing. As you may have seen by lots of previous threads on this forum a FDH with a grudge can cause a lot of problems, and they do! with the help of 'experienced at causing trouble" friends.

If your reasons for dismissal cannot definately be classed as serious, then it might be better to try to change her ticket to one for a fortnights time, and find a boarding house for her to go to and pay the daily rate till she has to leave, then she cannot cause trouble for you. Have your locks changed as well, in case she tries to come back into your home. Good Luck.

In this case you didn't officially dismiss her for cause, so you do owe her the usual.


For the record:

- You owe her one month's salary as you have paid.

- You are responsible for repatriation costs, door to door from your home to hers. Not just the ticket. 200 extra will most likely not cover her costs beyond the ticket, especially if she lives far from the airport.

- Ticket. It depends. While you owe her the cost of repatriation, she may control the date and she is fully within her rights to stay two weeks. Did you consult her on timetable before booking the ticket? If you didn't consult her on time I think you owe her either a new ticket on her terms or money in lieu. (Remember to get her to sign a receipt either way.) However if you did consult her and she did agree to the time you do not owe her a new ticket since frankly the whole thing becomes her problem.

- You certainly do not owe her boarding house costs or meal allowance after the termination of the employment.

Thanks for the responses. FYI, I am dismissing my helper for good reasons (amongst others, she left my baby at home unattended, asleep, while she popped out to another flat to visit a relative) but of course, all I have is my friend's word for it and don't have videotaped evidence. There are other incidents as well, which makes me uncomfortable leaving my kids with her. Technically, I could dismiss her for cause but have decided to give her a month's pay to avoid arguments. It seems I must now go even further to avoid trouble...well, will think about it.

Thanks again

You had a very good reason for instant dismissal - leaving a baby unattended, I hope she caught that plane.

Plus you have been more than generous giving her pay in leiu of notice, under the circumstances she is not entitled to a boarding house or extra time in HK.

Did you put on the dismissal form/letter reason for dismissal serious neglect of duty, I would have done.

did she sign a receipt for the ticket and the monies you paid? Her signature for all this would be equivalent to her being agreeable to the date of the ticket so if she decided to not fly out on the date of the ticket, she is responsible for getting a new ticket/getting a different date booked and her living expenses in hk as well.

http://www.immd.gov.hk/ehtml/faq_fdh.htm#5


Q13: What items of payment is an employer liable to pay to a foreign domestic helper upon termination of the helper's employment contract?



A13:


Foreign domestic helpers enjoy the same protection under the Employment Ordinance (EO) as do local employees. They are further entitled to the rights and benefits specified in their standard employment contract. An employer who intends to terminate the employment contract of a helper is required to give the helper one month's prior notice in writing or one month's wages in lieu of notice as well as other termination payments, which include -


* all outstanding wages;

* payment in lieu of any untaken annual leave, and any pro rata annual leave pay for the current leave year;

* payment in lieu of any untaken statutory holidays;

* where appropriate, long service payment or severance payment; and

* any other sum due to the helper in respect of the employment contract e.g. free return passage, food and travelling allowance.


If you have given her all of the above and she has signed for it, then anything she does after termination is her problem, her business and she is no longer your responsibility.

Repatriation of the Helper


43. Clause 7(a): Should the Helper be unavoidably delayed in leaving Hong Kong after the termination or expiry of his/her contract, he/she should apply to the Director of Immigration for a short extension of stay before his/her permitted stay expires. No allowance shall be payable in respect of any period in which the Helper, of his/her own wish, extends his/her stay in Hong Kong.


http://www.immd.gov.hk/ehtml/ID%28E%29969.htm

Thanks all for the replies! FYI, I called the ImmD helpline today and the officer said that domestic helpers have 2 weeks after the termination of their contract to leave Hong Kong. A ticket should be provided for the return flight, which means I pretty much have to buy a new ticket.

What I should have done, of course, is to dismiss her for cause then and there, and I would not be in this situation. However, I work and we couldn't really do without a helper to look after things. I had to wait till I found someone new, and by then, the momentum is lost. (That seems to be the dilemma of working mums.)

Anyway, have given her one months' pay and will give her another return ticket (the first ticket was a cheap ticket which was non refundable). Sigh.

Anyone out there looking for a helper, just FYI, she's out there looking for a job now!

good for you.


i just think that she deliberately missed the flight. so maybe you can shell out a little bit more to buy a ticket where she can rebook to another time.


also depending on her destination, you could try less expensive airlines such as cebu pacific, zest air etc. but with a short term validity. she could always say she missed the flight


make sure to photocopy the stuff you give her including the ticket and that she signs whatever she is receives from you so she won't be able to come back to you for more payment.


and tell her that you are sending a copy to Immigration and Labour immediately- so she does not concoct another scheme to stay.


remember - she has a relative in town - and probably helping her with ideas to be able to stay in HK