Couple of questions around Helper policies



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ORIGINAL POST

Posted by kman79 4 yrs ago
Hi: If a helper has been terminated in the near past would should she still be allowed to work as a helper in HK again. I know the reason for the past termination and think it was somewhat unfair to her but would I would like to confirm if I could still hire her regardless of the termination on her record.

I also heard someone mention that if she is terminated she will note able to work as a helper in HK for at least 3 months. Can anyone confirm that policy if you are aware

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COMMENTS

hkwatcher 4 yrs ago
If a helper has ben terminated you must use an agency to process to a new employer. It takes 2.5 months to process this. She must exit to her home country, do not risk going to Macau. Nothing will happen to the employer, but if Immigration sees she has gone to Macau or China to wait for a new vsa they may refuse to issue a new visa.

The onlý way Immgration will ppay attention to her working record is if there is a police case. Otherwise, it is hearsay and they won't get involved in this. But they will listen to a police report.

If she has taken a case againt these empoyers for poor treatment she cannot apply to wokr here until the case is settled. This is the Labour law (unfair but true)
She has 14 day from the last day she worked for previous employer to find a new employer, then she must leave. The cost of the ticket is on the shoulders of the old employer.
Good luck.

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asiaXdreamy 4 yrs ago
Taking reference to past record or any allegation still pending investigation is certainly NOT an unfair process. What if the allegation is unfound?

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hkwatcher 4 yrs ago
You misunderstood the question and my reply.
The OP was asking about policy and not reference.
My answer is about policy and not reference. If a helper takes out a Labour Dept case it tkaes several weeks to apply, set a date to adjudicate. During this time they still have to pay for a place to live, and eat. But they have no income nor any way to legally get income.
Due to this policy (that word again) many girls will not take a Labur case rather they would prefer to find a new employer and let it go.
If the Labour case is lost by the helper and the original employer does not need to pay any compensation, the girl is still free to apply for work in HK, just not during the time the Labour dept case is ongoing. It would be up the the employer to take due diligence to see if this helper applicant has a record of taking out Labour cases against employers. (Reference )
Although I am not aware that anyone can acutally apply and ask for a history of Labour case applications on specific cases with a certain name. I am also not aware if this is public information.

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