maid insists on holdiay. keep her or fire her?

Posted by RD07 6 yrs ago
We hired our present maid through an agency who took are of everything which including a medial exam. however, I did not receive any copy of the medial report.

However, 5 months later, the helper wants to take one week's leave in late March. she claims pur spinal cord hurts and she would like to have teatment. also, she wants to attend her son's graduation

She said she had been treated previously for this complaint.. She had got an X-ray done and was given oral medicine and massages

She is polite and well-liked but her behaviour is worrying

She is unable to provide details of her previous tratment and said if I cannt agree to ther request, she prefers to break her contract. Also, when she goes on holiday, I must give her contract back to her

I do not recall our previous helpers asking for the contract to be returned. Helpers need to show the actual contract if they want to borrow money from a financial agency.

I'm not sure what to believe. Is she really sick? She seems to have digestive problems and doesn't hear properly.
this complaint of spinal problems is new to me. Or is she looking for an opportunity to take a loan from an agency?

I have a heavy workload and try to be fair. I don't wish to take on unnecessary stress or liabilities

I''m in a dilemma now. Should we continue to retain her or let her go?

Grateful for ur suggestions

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asiaXdreamy 6 yrs ago
Great, the same nasty one I have encountered...

If you pay for the medical report, you should have one copy. If not, ask the medical agency or your employment agency for it's your right to prove that the employee is fit for this employment otherwise the agency or the employee might hide something for sparking off this employment.

"However, 5 months later, the helper wants to take one week's leave in late March. she claims pur spinal cord hurts and she would like to have teatment. also, she wants to attend her son's graduation"

Every similar season many mothers would like to attend their children's graduation ceremony. It is understood. If you can afford, allow her and if it is impossible to allow such, frankly tell her your difficulty. After all, a helper is come to help as you have the genuine need to hire one. Otherwise, you don't even need one. So, both sides should have mutual understanding of the difficulties and reasons. If graduation is a reason, then just honestly tell , there is no need for excuses like this and like that...blah blah blah. I am tired of such bullshit, sometimes just talk straight forward and gained better understanding. They may be shy to tell so they always create excuse that is so easily distinguished.

"She said she had been treated previously for this complaint.. She had got an X-ray done and was given oral medicine and massages"

If such a case, you may ask her to write down the date of complaint and what kind of treatment received. Warned that before the employment one should have honestly reported such for employer's consideration and in the contract and undertaking, the employee should be physically fit for the coming employment. There are many clauses that the medical insurance will NOT cover such past and persistent complaint which emerged before this employment. And it is not arisen from current employment, you may consider by what weight you have to bear the responsibility.

About contract, she should have one copy as employee copy. No need to give yours to her. Yes, you are right, some helpers need to show the actual contract if they want to borrow money from a financial agency. It is up to you to further monitor the behaviour and issue her a formal warning about not to make use of the address and current employment for business other than the granted employment, such as using the contract (your address) as guarantor without your consent. After all, the right to use such address is for the owners.

".. Or is she looking for an opportunity to take a loan from an agency?" Let's see. We have empathy to some of their needs to financially support their families and extended families. However, when choosing to be a helper, just focus on the job, act with honesty, would be the positive working / living attitude rather than living on lies to herself, to her families, to the employers, against the God's will.

If you don't wish to take on unnecessary stress or liabilities , from now on, search for a new one to look for the change. You pay for the service, not the stress.

Talk more with her. Understand more. If you can afford, grant it. If not, plan for your next steps.

Cheers !

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RD07 6 yrs ago
Thank you for your message.

Sorry, an error in typing. I meant the helper claimed she had problem with her spinal disc not spinal cord.

This helper is v quiet and does her work. She is polite and seems sincere but difficult to ascertain since she has not been very long with us. She has offered to pay for her own plane fare and said I could deduct one week's wages.

I have been to the employment agency who will talk to her further. It seems she sometimes goes to the employment agency to chat with the owner. She sits there and mostly listens to the others. The agency owner said the helper once said she was tired and it was suggested to her that she could lie down if she was tired. But the helper declined saying she was on duty during the day and did not think it was appropriate for her take a break.

Also, it seems helpers now can get a loan by showing their passports so it is irrelevant whether or not she has a copy of the employment contract. Helpers do need to show their employment contract at the Philippine consulate to get an exit permit which will enable them to board an outgoing plane from the Philippines. I was not aware of these rules.

The helper may be genuine in seeking this holiday. The helper (and the agency owner mentioned this too in a separate chat with me), her family is very poor and they do rely on her income. Yes, you are right. Communication is important and will discuss this before rushing to make any decision

If I still have any concerns, the agency has offered a replacement at a lesser cost within one year and I can exercise that option.

Thank you for reading this

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asiaXdreamy 6 yrs ago
Happy to hear from your follow up with clearer picture, if u can grant, help her in this period. The previous comments are just double sided for consideration towards 2 directions.

Talk is the key to know, an the key to trust and care.

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asiaXdreamy 6 yrs ago
About the loan, there is a case still processing in court that a gang made use of helpers to get loan and causs financial loss. They were charged of money laundering and fraud. Some financial institutes have already tighten for such lesson learnt.

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RD07 6 yrs ago
Thanks for your messages, Asiaxdreamy.

As an aside, I wonder what happens to helpers to take a loan and run away. Does the government blacklist these people from working in HK? Do they get arrested at the airport?

it's frustrating and annoying when this happens even though we try hard not to employ such ppl

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asiaXdreamy 6 yrs ago
Yes, there are cases for such interceptions. If they are not allowed to use the address ( yours) for unauthorized activities, that may constitute certain fraud related crimes.

Always contribute by the good practice to reflect such happening to Immigration and Labour Department if there is evident that someone has make use of the current employment system for personal gain out of the contracted business ( FDH in this example). The Immigration would it on the personal record of such person and probably impose restriction or enforce repatriation upon the next arrival of such person.

If the person flee to other country for other employment, this evidence is always welcome by other law enforcement agencies or other government on the condition of stay and consideration on migration as this can reflect whether such person has any adverse employment/citizenship record that may cause extra social burden for importing such labour.

The above served to advise the employers on what can be done and to the employees on what should not be done.

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ShazP 6 yrs ago
A few things that come to mind here..
1) March is a popular time for their children's Graduation...they have Graduations for Kindy, Primary, Secondary, etc I have been told by a helper....
2) You should get the medical report, it is the responsibility of the agency to give it to you. However, the reports are very basic ( BP, diabetes, etc...doubt it will show spinal disc issues)
3) She is medically insured by you in HK, she can be treated in reason for her to go back home for treatment, would be expensive for her, as most helpers do not get insurance in their home country.
4) If she has had treatment previously, she must have the DRs info and can go back there for treatment, they will have her record.
5) Your helper has already been given 1 set of the employment contract ( original) because when the visa is given, Immigration returns two sets...1 for the Employer and 1 for the helper.
Do not give her the contract you have. She can get loans with her own contract anyway. Cannot understand why she is asking you for yours...That is the only document you have that she works for you. I have my previous helpers contracts with me till now... Do not give it to anyone!

Finally, it's strange your helper is ready to resign to get this leave. I would be concerned of her motives..may be genuine but some of the information you have put here...I would be ready for anything....all the best!

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RD07 6 yrs ago
I agree that the helper's son is graduating and she is keen to attend.

However, the mention of spinal disc problems may be a lie. I asked for details of prior treatment and she said she had nothing to show. If one needs medical tratment, the treatment may not be one week but longer. When I asked more questions about this, she brought this up even less. she has never mentioned this at all recently so it may not be true

She has been to the employment agency and told them in confidentiality that she did not plan to return and wanted a new job. She claimed her workload was too heavy. Yes, I leave home early but she has the entire day to herself. She is a very polite and nice person but has poor time management skills and is highly dependent. The day I ask her to manage on her own, there will inevitably be mistakes.

I have made it clear to her that she is welcome to continue her employment or she can leave. The holiday is off. There is a 50% chance she won't come back. I don't see why we should go through stress

The employment agency advised her to tell me honestly what the issue is. If she wants to leave, I cannot force her to work. That is her outlook. We are paying for her service. If she does not wish to provide that service, we will find a replacement. It amounts to harassment when these helpers tall stories and don't return from a holiday

Agree that she will not she get my copy of the contract.

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