Helper just left !!



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ORIGINAL POST

Posted by bsc1280 3 yrs ago
Hi All

So we hired the helper from overseas who had been messaging me frown whatsapp
Saying that she was so eager to come and work me

She started work on 30th August and had been coughing when she came
On 31st August she says she needs to goto hospital so I calked ambulance
It turns out that age had acute bronchitis
She spend 5 days at hospital and then ca stated at agent boarding house for 2 data as she wanted to do rest and I didn't what it to sure dc to my kids
Mage Dane back yesterday and this morning she hota phone call and just packed up her bags and told us that she wants to leave
She just left !
I called the agent who contacted her and called her to their office
She refused to talk to me
And despite several efforts , she refused to sign any letter
The agent tried to explain to her that she owes me 1 month notice or the salary
Well she said she didn't have money and want bothered

Now she has left the agent office and the agent told me that she might goto this nog called Christian action and might file a labour claim that we thirties her vas fire her without 1 moth notice or salary
I was ready to give her air ticket but she refused to talk to me !

I have already sent terminator letter to immigration explaining that she left other own
But I am really very worried that she can claim some case against us in labour department

What shall I do
?
I am in state of shock and am really worried

Just want to pay her ticket and get over with the nightmare
She on the other hand told agent she what to stay and look for job And wouldn't Saigon anything

What to do
Please help

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COMMENTS

sunshine929 3 yrs ago
first stay calm.

Get the agent to help you.

Write to immigration informing them that she left and she owes you one month salary and tell them what happened

It's unlikely that you will recover this cost. You also have to buy the air ticket . Been there.Done that. You just have to suffer the loss.

Buy her a ticket non-refundable cheapest ticket.

Write in your letter to immigration that she arrived on day 1. On day 2 she was hospitalised. She spent several days in hospital. It would be ridiculous for you to fire her.


Also, did the agent find you this helper or did you find her yourself ? If agent did, then get agent to help you.

My agent always sent the helper for a health check upon arrival in HK first . When all cleared she was allowed to come to the house.


Don't panic. I know its financial loss but see it this way. You had a lucky escape. This person cannot be trusted, and you didn't get to let her be alone with your children. God is on your side

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bsc1280 3 yrs ago
thanks a lot
she hasnt replied my messages on whatsapp
i booked the ticket for her on 19th sep and her a copy on 12 sep. she read it and didnt reply.
then on 16 sep she sent me a message saying that she refuse to accept the ticket because i have not paid all her entitlements including 1 month pay in lieu on notice!!!!!

she is obviously trying to scam me and her friend is guiding her. i think she is going to go to labor department that i fired her and will claim the 1 month notice!

i already sent a letter to immigration on 9th sep (the day she left my apartment) explainign the siutation and sent a copy to labour department too. The thing is that there is no proof of who left and who didnt give the notice ? is there?
i feel like an ass and being used by a helper who is trying to milk money on top of 6000$ agent fee and her airticket!


the agency has distanced it self and told me that they wont side with anyone (i think they dont want to get involved in the issue).

pls suggest what should i do

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asiaXdreamy 3 yrs ago
You also filed the same happening to labour department. Call Police as she breached the condition of stay (arrestable offence) as she did not comply with immigration condition of stay ( stay in your house) and she is missing person now.

Check if you have anything missed when she leave and you may file the theft report.

Keep proper record of the happening. Nowadays the magistrates are harsh to this kind of incidents caused by helpers. usually they can speak junk in court and was then remanded in jail and sentence.

All such adverse record render her unemployable in HK and have bad record across the immigration records.

What the doers did is the what the doers to face.

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bsc1280 3 yrs ago
ok thanks

she left on 9th Sept . I informed immigration and labor department but I have not filed missing person report with police. Is it too late to do that now?

pls advise

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hkwatcher 3 yrs ago
Call Police as she breached the condition of stay (arrestable offence) as she did not comply with immigration condition of stay ( stay in your house) and she is missing person now.


The above comment is not true. Breaching condition of stay is only liable for arrest if the person overstays the visa. That is why you must report a person to Immigration within 7 days. Immigration will start counting 14 days from the last date the person was at your home. Then they are liable for arrest unless they have made a claim at Labour Dept and gone to Immigration to extend the visa. They can also be caught at the airport checkpoint if overstaying. Also the Police do not care about this person who has left your home. They will advise you to seek help from the Agency who is obligated under the terms of the Agency's accreditation from the Phils Consulate to help you or they will tell you to go to Labour Dept.

If this person the made a case against you at Labour you will get a letter from them with a date. to adjudicate your case. Sate it as you have done here and you will be OK. Take your emails and texts for proof. Air tickets etc
Good Luck

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asiaXdreamy 3 yrs ago
pardon me, please check the laws of HK, chapter 115.

there are VARIOUS charge sections on breach of condition of stay.

overstay is only one of the elements of charge. they are others.


for example


illegally work for person other than the prescribed person when u are endorsed a working visa here.

do not stay in the prescribed premises as declared and signed in the contract of FDH.

and there are other examples that would breach this offence not mentioned here.

we are here to help this employer to handle nasty helpers, we are not giving a lecture to those who would test the laws, with ill motives.


readers can feel what is the purpose of addressing so.

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asiaXdreamy 3 yrs ago
http://www.immd.gov.hk/eng/press/press-releases/20120707.html

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asiaXdreamy 3 yrs ago
Under prevailing policy, employers who wish to employ foreign domestic helpers shall enter into a Standard Employment Contract (ID 407). A foreign domestic helper should work and reside in the employer's residence in accordance with clause 3 of the contract. Any application for variation or addition to the terms of the contract during its duration shall be made in accordance with the provisions under clause 15 of the contract. On the other hand, employers who have obtained approval before April 1, 2003 for their foreign domestic helpers to stay out may continue to do so, as long as they continue to employ the foreign domestic helpers without a break of more than 6 months.
If employers or helpers breach the undertaking that the helper would work and reside in the employer's residence, such conduct will be taken into consideration in their future foreign domestic helper visa or extension of stay applications. The applications may thus be refused.
According to the spokesman, it is an offence to make false representation to Immigration Officers. Offenders are liable to prosecution and to a maximum fine of $150,000 and imprisonment for 14 years.

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asiaXdreamy 3 yrs ago
what if a foreigner applied a work visa to work in a bank, with the approved period and term of stay in HK per endorsement of the visa, suddenly disappeared from the declared job and stay in HK with purpose other than that was granted?

if everybody can do it, the immigration laws could not prevail to protect own citizens ' interest.

same applied to everywhere with good legal system.

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hkwatcher 3 yrs ago
If employers or helpers breach the undertaking that the helper would work and reside in the employer's residence, such conduct will be taken into consideration in their future foreign domestic helper visa or extension of stay applications. The applications may thus be refused.

See the word FUTURE? That does not mean the person will be tracked down and arrested!!! You have overstated the Police involvement in a Labour dispute. The person in the OP that has left the employer without notice and refused to settle despite the employer making effort with the witness of the Agency. This will go against the Helper in future as Immigration will not give another visa. However, the Police will not get involved in this type of matter.

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asiaXdreamy 3 yrs ago
According to the spokesman, it is an offence to make false representation to Immigration Officers. Offenders are liable to prosecution and to a maximum fine of $150,000 and imprisonment for 14 years.

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asiaXdreamy 3 yrs ago
i don't know why u always turn blind to advocate wrong legal idea and inclined to helper side.

really sounds funny.

check the law books.

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asiaXdreamy 3 yrs ago
i have also direct reply from the enforcement agency about similar matter in my mailbox. really funny about the idea tthat the enforcement agencis will not follow.

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