URGent advice needed : Helper did not leave HK despite being given air ticket



Posted by marcusboy 4 yrs ago
For various reasons (refusal to take instructions, obey reasonable order, wilful neglect of duties and dishonestly), I summarily dismiss my helper yesterday (Wednesday at about 2.30pm) (24 hours notice). I then asked her when she wants to return to her home country - whether Friday, Saturday or some time next week. She did not reply initially but after asking her again about 3 hours later she said, she will fly out tomorrow. I then had to quickly book the one way ticket.

This afternoon, I settle all payments with her - salary from last payment date till today, food and travel allowance and gave her the ticket. I went through why she was dismissed etc and she signed that she understood and accept the reasons for dismissal and receipt of salary, and ticket.

She then claims she does not have her passport. This is at 4.30pm (her flight is at 9pm). She said I (the employer have it). When I said I did not keep her passport as it is illegal to keep it, she calls the agency. The agency has it and asks why she needs it. She tells them she is returning home today. The agency then tells her, she cannot fly today as she has 14 days etc to remain. The phone is passed to me and I asked why they are holding her passport and the agency said she asks them too (the agency said she signed a form consenting to it). The agency repeats she has 14 days etc to which I reply I know but I have asked the helper when she wants to return and she said today so I bought the ticket only at 7pm last night. Agncy then says if she does not fly today, I will have to buy her a new ticket and if I do not, she can make a claim at the Labour Department. Agency then speaks to helper and helper then says she did not say she wants to return today. I told the helper she is lying when she said she does not want to return today and if she does not fly tonight, I will not buy a new ticket for her. If she wants to return tonight she has to get her passport from the agency. The agency then told her to go to their office. The helper says she does not know how to go to their office but only knows how to go to Mongkok. The agency told her once she gets to Mongkok MTR, they will direct her to their boarding house at North Point. i did not take the helper there because since she was leaving, I had to take my dogs for their walk and feed them their dinner and medication.

The helper left the flat at about 5 plus in the evening. After making some arrangements for the dogs, I called the agency and asked which office I should go to Mongkok or Central thinking that the helper would be there. I went to central as there was where I make the application for the helper. I arrive at about 7pm and the agency said she has not arrived.

I need some advice what I should do next? Certainly, I don't want to spend some more money buying her a new ticket when she chooses not to fly today after she told me she would return today. I don't know if she is using the excuse that she does not have her passport because she did call the agency in our presence and she did say she need her passport because she is flying tonight. Of course after speaking to the agency, she then says she did not say she wants to return home today.

I was annoyed being played by the helper (and the agency) and need advise as to whether I should make a police report. The helper has taken some money off and on. Money was given for marketing purposes (wet market; not Park n Shop) and she was told to provide list as to what she bought with prices etc. She would initially provide the list with change. Then she became very laxed about it and failed to provide list and change. She replied will provide later when asked. Once when asked where the change was, she said she took it to buy her personal body lotion. When asked, why she did so without asking beforehand, she said she will re-imburse but has not done so.

A police report was not made earlier because the amount was not great and we did not want to give her a bad record but since we return from our summer break, she has not provided any list of expenditure for the money we gave her while we were away or any change.

I now want to make a police report because I don't know what other lies she will come up with after speaking to the agency etc.

Please I need advice urgently what I should do.

BTW, the helper had worked for about 10.5 months.

Please can somebody advise.

Thank you.

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asiaXdreamy 4 yrs ago
Approach Police, Labour Department, and Immigration about this.

And report to Immigration about this Agency which is certainly a nasty one to be dealt by laws.

You fulfilled your obligation as both of you had agreement on the ticket , no matter she take the flight or not it is none of your business and you are not the one causing her cannot leave.

If she has problem leaving, that would be Police matter between her and the agency.

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sunshine929 4 yrs ago
Don't waste yr time filing a police report. Did she steal anything from you when she left?
No... but you were shortchanged....live with it

Focus on the goal. To wash your hands off her and have immigration dept on your side
Bite the bullet and buy another one way Non refundable ticket (at the most god awful hoif if it pleases you) , go back to the agency and make them do all the termination paperwork for free (which they do and witness: and explain in helpers own language and signed).

But FIRST, write a detailed explanation to immigration of what happened including all documents etc and a copy of Both old and new tickets to show that you are more than reasonable....

You need the agenvy help because the helper could say she was forced to sign....that is why all Chinese employers use the agency for termination . The agencies have to help you .

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