Helper broke contract



ORIGINAL POST
Posted by 24 11 yrs ago
Our helper just gave her notice after working 5 months.


Do you need to give her holiday pay? She hasn't worked one year yet and isn't it 7 days after 1 years employment?


Do we need to provide the plane ticket home even though she broke the contract?


What else do we need to pay or do?

Do we fax/send her resignation letter to immigration and PH consulate?


Thank you for any help or feedback.

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COMMENTS
AaliyahM 11 yrs ago
Yes, you have to give her her holiday pay. You must pro-rate the 7 days over the 5 months. So she's entitled to 5/12 months x 7 days annual leave pay.


Yes, you have to buy her a one way plane ticket even though she broke the contract.


Yes, I faxed immigration her resignation letter. There's also a form online that she can sign indicating when her last day is. I get her to sign on her official last day and then I fax it to immigration.


My ex helper resigned after 6 weeks to go back to her ex employer of 6 years and this was when I just had a baby. She left her ex employer to return to Indonesia to get married and have a baby. 3 years later she came back under my contract, contacted her ex employer and was gone from my home in a flash. I paid 9k in agency fees and then had to pay her when she left me.

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summertown 11 yrs ago
If I'm not mistaken, the helper would qualify for annual leave only after having completed a year of service. You might want to call the Labour Department to check.

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slowdive23 11 yrs ago
Our helper put in her notice after 16 days of work, and timed it so that we would have her stay in our home while we were away in Vietnam for our 7 day vacation. She said she would give us 30 day notice, but frankly, we do not want her in our home since we have a bad feeling. She said her family is sending her money to fly home. Can we dismiss her right away before our holiday?


Still need to her a ticket? I looked online about how long a helper must stay before these entitlements are granted, but I came up empty. Thought the FDH has to work at least three months first.


Any advice would be much appreciated!

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