Posted by
squeaktoo
11 yrs ago
I'm in the process of trying to hire a full time helper from a friend who is leaving. We're not going through an agent. I haven't looked into detailed policies (nor employment contract) yet, but have a question about insurance an a particular scenario.
I assume like most basic medical policies, it will not cover pregnancy. What if my helper gets pregnant? Will I be required to pay for her care, or is it the norm to terminate the contract and send her back?
Please support our advertisers:
legally you don't have to care about her if she gets pregnant .you can send her back or you can still keep her . it depends on you .
Please support our advertisers:
Q6.3
Can an employer dismiss a pregnant helper?
A
No. Except in cases of summary dismissal due to the helper’s serious misconduct, an employer is prohibited from dismissing a pregnant helper from the date on which she is confirmed pregnant by a medical certificate to the date on which she is due to return to work on the expiry of her maternity leave.
An employer who contravenes the provision is liable to prosecution and, on conviction, a fine of HK$100,000. He/She is also required to pay the helper:
wages in lieu of notice;
a further sum equivalent to one month’s wages as compensation*; and
10 weeks’ maternity leave pay if, but for the dismissal, she would have been entitled to such payment.
The helper may also claim remedies for unreasonable and unlawful dismissal under the part of Employment Protection of the Employment Ordinance (see Chapter 9).
*
http://www.gov.hk/en/residents/employment/recruitment/foreigndomestichelper.htm
http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
Please support our advertisers:
Thanks for all the information. Now I am really worried, especially if I am financially liable. How can the employer be expected to pay for all the expenses relating to pregnancy? I worked a several global firms and even they seldom covered maternity.
Please support our advertisers:
Proof that working for several global firms does not require a dose of common sense.
There is a public health system here. It covers maternity for all residents incuding FDH. No more than a few hundred dollars. So not that expensive. You'd spend more on a meal quite easily.
Please support our advertisers:
You must be logged in to be able to reply.
Login now
Copy Link
Facebook
Gmail
Mail