Posted by
sharonlou
19 yrs ago
Hello,
I'd like some advice on the following matter.
My cleaning lady, who works for me a couple of hours a week, has asked me to sign a standard domestic contract for her.Her previous employer, who has now left HK, left her contract open when he left, which has allowed her to continue working here on a part time basis.This contract is due to expire soon.
She has told me that she will pay all the fees incurred, and will not expect any of the perks associated with such a contract.
I really want to oblige her, as she is a lovely woman, but have no experience of this kind of thing.
Has anyone done this kind of thing before?
Thanks.
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Yes, I will read it very carefully..Of course I want to help her, but cannot possibly afford the perks.Do you happen to know if there is such a thing in HK as the Citizen's Advice Bureau( as there is in the UK) where you can get low cost legal advice?
I appreciate your advice... many thanks.
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If you sign this document and she is not working soley for you (ie she does PT work and you just hold the document) this is liable to a $350,000 fine plus a jail term if caught out. (and probable loss of your job if your employer finds out about your criminal record, which if you are jailed, they probvably will) it is illegal for her to be under a contract to you and then work part time for others.
She knows it is illegal, which is why she is asking you to do it - she probably knows you don't have a clue. There is also a slim chance of being caught - which is what they work on, as immigrarion are so busy with other thngs.
Even with her working for your PT while under contract with someone else is illegal and liable to the same fines.
You need to be very careful by being obliging to foreign domestic workers - when they get desperate for whatever reason, they will turn the tables on you and demand what is legally in writing (plus more) whether or not you have a verbal agreement - which will be denied under oath when it comes to the crunch.
I would suggest you don't do it - for legal advise - ring the immigration dept - they will tell you it is illegal and the consequences.
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Thanks Dimac- this puts it pretty clearly.She seems like a really nice woman, and I would like to think that things wouldn't turn out badly, but neither am I naive.I obviously can't take the chance.
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There is an ad on asiaexpat that do maid service all over HK - $75/hour a bit more expensive than the illegal DH but - there is no hassling - they come in do the job and leave - no contract problems and all legal. You may want to give them a try if this girl has to leave due to not finding anyone to sign her contract.
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Thanks for all of your commonsense advice everyone...no, haven't been here that long...is it so obvious:)Just wanted to help her in some way, but can see that it would be mad to.I have already told my lady that I can't do it.
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