Posted by
clarita
13 yrs ago
Very awkward. Our helper is desperate for her son (only child, father died) to find a job in HK. She flew him over here and asked us to sign a document to say he is staying with us - which we did (he is stayign between us and his aunt's boarding house).
He has so far had one failed interview and our helper has now managed to extend his stay for another 2 weeks in teh hope he can find something - he is a lovely boy but is still very young, has no experience of any sort and is painfully shy and I think the chances are slim.
She asked my husband if he would sign another document allowing him to stay another 3 months. My husband asked her if it was similar to the previous document (allowing him into HK) and she assured him it was.
This document was presented to him as we were running out to work this morning and the main bulk was under a pile of other papers stapled to the front (not sure whether it was intentional or not). He obviously removed these to check what he was signing and it was a full employment contract.
He told her this was not what was agreed at which point she got very upset and said that she had told him it was 'the same contract as hers'. He pointed out that it was for 2 years, not 3 months adn it meant he was reponsible for her son and would legally have to pay him etc, etc. Her response was that she wouldn't expect us to pay him and that we would terminate after 3 months as he will have hopefully found a job then. She then got even more upset saying her only alternative would be to pay an agency 8K to do the same. My husband told her that he would think about it and give her an answer tonight.
We are goign to say no but feel extremely bad about it. I am cross with our helper for putting us in this position but am not entirely sure whether she has deliberately mislead us (would not be the first time she has tried to take advantage) or there has been a genuine misunderstanding.
I just wonder if there are any other ways we can help her with this situation without doing something which I believe is illegal?
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Thanks, good advice. Thankfully my husband didn't sign the contract so no problem there. And yes, I think it is desperation that was behind this. I feel bad as would Luke to help but not if it means us breaking the law by signing him with no intention of having him work for us or paying him.
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I would say your helper is being very manipulative doing what she has done so far, and you are being taken for a fool by her. I wouldn't sign anything else she 'wafts' at you, and unless you are needing and willing to take an extra helper on, then it is up to her what happens with her son, he is not your problem.
If he is on a visitors visa, they are only usually allowed 2 weeks (if from Fils). I would contact immigration to get the truth of this matter directly from them, I would think his 'extended' stay may be illegal, and you should always check the rules with the authorities and not believe what an obviously manipulative Dh tells you, show the authorities the papers she got you to sign, they could be fabricated, they twist the rules to suit themselves sometimes.
Quite honestly if this helper was employed by me, I would not feel happy having her in the house if she has tried these tricks already, it is very dishonest, so heaven knows what else she might get up to, she is taking advantage of your kind nature.
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You can actually get /renew another 2 weeks if you go and apply at the immigration office in wanchai with the supporting letter and as long as you dont have any bad record.(i just renewed my niece for another 2 weeks.)
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Do not sign his contract unless you intend to pay his salary. Your helper has shown her devious and manipulative side, once the contract is signed, what is to stop her from filing a case against you for non-payment of wages and thereby extending her son's stay even more.
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Sometimes I do believe that DH dont know all the legal issues that are required, and don't understand the technicality for these issues. The is an emotion side to this that this is her son, and your DH wants the best for him, like any other mother would. I do agree with dreamerseven And explain her that it can not be done, not because you don't want to do it, but because it is against the law to do it.
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