Posted by
joegrandee
11 yrs ago
we've recently employed a new helper. she was introduced to us by one of the larger HK domestic helper agencies. we liked the look of her and decided she would be a good fit for our household. She returned to the philippines for the correct processing of her papers and entered our household a few weeks ago.
as it's the holiday season coming up, we asked her if she would mind coming away with us for a week over new year to help with our kids, however we came across an unexpected problem. it seems her agency has retained her passport. she told me that the agency was charging her, 10,000+HKD for finding us as employers. she's already paid them $3,000 but still owes them $7,500. The agency has told her to pay $2,500 from her monthly wages for the first three months of her employment then they will return her passport to her. My wife contacted the agency today and they told her that this was correct and that it was common practice between the domestic helper agencies to hold onto helpers passports.
i am quite shocked and appalled at this. surely this must be illegal. my first reaction is to contact the Labour department to report the agency, but also i'm concerned not to create problems for my helper. so i'm interested to know if anyone has had this experience or knows about this agency practice.
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Don't know if you can open this, but it pays it is illegal to keep the passport.
http://www.had.gov.hk/rru/english/images/pdf/Your_Guide_to_Services_in_HK_English_chapter_4.pdf
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thanks for the replies
i suspect i'll have to go down in person as they do appear to have an aversion to answering the telephone.
my wife is worried that if i threaten them, the agency may respond in kind and make life difficult for our helper and perhaps make our two young toddlers vulnerable.
However i'm not prepared to let the agency get away with such criminal behaviour so i will take my helper to the agency tmw and depend the return of her passport and also a document to forfeit all remaining charges.
is there anywhere that my helper can get support and avice if the agency try to threaten or intimidate her, perhaps some philippine DH support group
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Just do the right thing. The agency know they're in the wrong. If they're big, they're not going to risk losing their license just because of "one" fdh. I would guess, they're going to grant your "wishes" if you talk to them and let them know that you know what you're talking about. (Bring printed copies of regulations with you).
Usually, "I'll bring my lawyer" threat will make them change their mind already. You'll be surprised. Some agencies have changed their names because some helpers were not afraid to face them in court.
The question is, how do you prove they overcharged the helper? They're quite sly about that (no receipts, no nothing). The only thing you can do for your helper is get a document that she doesn't owe them anymore, and get her passport back.
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have no worries i will do the right thing, just want to make sure i'm well versed in mine and my helpers rights before i walk in that door to confront them
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If they told you this over the phone, can you phone again and politely ask them to clarify and record it? Just be polite and say ok no problem. I understand the situation
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That happened with my last Indonesian. She only lasted just over a month with us due to an unexpected pregnancy on her part - long story. Anyway, she wanted to return to Indonesia right away. I booked her a ticket and told her she could leave my apartment three hours before her flight because she was reluctant to go back to the agent's dormitories. I said it was okay. Then she asked me if she could have her passport back. I said, "What? That's yours, I wouldn't take it". She then said that she didn't have it and if the agent didn't give it to me, then the agent's kept it. I called the agent and sure enough, the agent kept it. Their reason was that they were protecting the employers because some helpers used it to borrow from loan sharks. Strangely I didn't question them at all. I was just glad that she left. My previous filipino always had her passport with her.
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KAT8
11 yrs ago
AaliyahM, do you call your friends by their nationality? How hard is it to say Indonesian helper or a Fillipino Helper?
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just as a post-script, the agency in question has returned the passport and no fees have been paid. my helper seems a lot happier.
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That's great. Well done Joe.
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Well done, Joe!
KAT8, I don't see a problem unless one has an issue with needing to point out the status difference. The wordings I've used have not generalised both races in any way. Sorry if my words have offended you in any way.
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The Lincoln Employment Agency have the same thing too.They get the documents and makes the helpers pays 3thousands every months until finish the 11000 hk payment.
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My new helper's visa has just been approved so I've just given my helper of 3 months her one month's notice. She's relieved because she feels she's not up to the job of looking after three kids.
Anyway, getting back to the topic, she's just told me that our current agent charged her HK$9k for the current employment and KEPT her passport until she paid it all up. She wants me to keep it quiet in case the current agent can find another employer for her and she said she'll complain to the relevant authorities if she finds a job through another agent.
It seems so common, it is awful.
I was very annoyed with mine as well. I was told to pay double the airfare in cash to the agent and my guess is that the agent would have taken half of that money in cash, giving my helper the other half. Luckily I did my own homework regarding the airfare and will pay that amount with a little extra to my departing helper.
The agents here don't seem to really care if their helpers don't last. It's probably good money for them if the helpers don't last so that they can take more money off the employers and the helpers. I know that if I had used the same agent to employ another helper, I would have been charged agent fees again, $4k instead of the $7.5k I paid.
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Agencies abuse in on the rise as they try to rip off both employers and the helpers. I only found out after reading the above posts that by law they are only allowed to charge a maximum of 10% of monthly salary for fees. Well, the agency we used is charging way over that and resulted in my potential helper asking to borrow money from me before her visa is granted and before she has even started her service with us. There are some really awful agencies out there. You really need to do your research before you embark with an agency, otherwise you end up in this black hole where you'll be continuing to pay them money every time and they will keep recommending you subpar candidates so that they profit from your churn and you are in such emotional distress.
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