Posted by
deena
17 yrs ago
I have terminated my helper without notice due to clause 11 d.
she has only been with us for 6months and insists we pay her flight back home I am adamant that we do not . More information would be appreciated.
Thanks
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hi deena, you must pay her a one month in luie of notice,plane ticket for one way only and 1 week of vacation leave which is automatically after 3 months working in a contract. thanks
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Sorry deena but you do have to provide her travel expenses alll the way home if you terminate her and that means door to door not just the plane ticket.
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cd
17 yrs ago
You don't need to give her the 1 weeks leave though, I think she's only entitled to the full week after 1 years service, you give her pro rata. You do need to buy her ticket.
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Regardless of the reason for the termination of the contract you still have to provide passage home for your helper though.
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You must pay for a ticket back to the DH's town, so could be both plane ticket and bus fare, 1 months notice in lieu and pro rate holiday pay. There is no way out of buying her a ticket home regardless of whether you think you should or not.
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deena
17 yrs ago
Thanks for the reply's, but In the Immigration website I can't find anything on paying for the flight home for 6months termination contract??, she did get fired for gross misconduct. All that I can find is that you pay for their flight after the 2 year contract .
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Deena ring them if your not convinced but it is always the employers responsability to return the hlper to her home regardless of reason or length of time with you i'm afraid.
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cc77
17 yrs ago
deena
Please check your written contract itself....
7. (a) The employer shall provide the helper with free passage from his/her place of origin to Hong Kong and on termination or expiry of this contract, free return passage to his/her place of origin.
also continue reading at the latter part of 7 (b)
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Why dont you check on Labour Department??
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deena
17 yrs ago
Rang labour department, Yes it is just a one way ticket back home plus a bit extra for food and bus travel.
Thanks for the help!!!
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I know you already have your answer but even if someone works for you for 2 days before you fire them for gross misconduct, they still have to get their 1 month's notice/pay, trip home and expences incured durung the trip home.
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My dh wanted to go back to indonesia so she stole my wallet. She planned it under slightly fuzzy circumstances so we couldn't report her into the police and we had no choice but to terminate her. After having my wallet stolen, I had to PAY the wrongdoer 1 month salary and give her a free ticket back to her country. A bit frustrating to say the least.
Anyone have any ideas how to keep a domestic helper from causing these types of problems? Can I withhold a few months of her salary until she leaves under good circumstances or something? or do they always have a free option to cause a crisis and then have a free ticket to go home?
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You cannot withhold salary, that is illegal. Yes your obligations are to pay for her to go home whatever causes the problem, you sponsor her visa so you have responsibility.
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deena
16 yrs ago
there seems to be alot of unclear information out there but you do not have to give one months notice or one months pay for gross misconduct by helper. We only have to pay the flight home and expenses during the trip and 6 days work. Did you take it to a tribunal ?,sukosuko1 .It is also illegal to steal !! evildeeds
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Yes deena it is illegal to steal, that is not in doubt. It is also illegal to plant items in the DH room and accuse them of stealing but that also happens.
Regardless of what has happened you cannot withhold salary, that is a simple fact and is law.
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We did have a meeting with our helper and the agent. The helper threatened to go the to tribunal to get the full benefits (1month notice + airplane ticker). Speaking to the agent alone, she said it would take about 2 months to wait for a tribunal, it seemed paying a few thousand HKD as IslandHopper mentioned was the better solution. The agent said without a very solid police report it would be unlikely that we would win and it wouldn't be worth the hassle. I think the helper was coached by some of her friends on how the system works.
If i can't withhold salary, I guess next time maybe its an idea to promise a a bonus at the end of her contract so there is something to look forward to. Some local families told me that 'non cash' presents are a big motivator. Gifts and/or offering to take them on holiday or let them fly home for a break apparently make them feel they are getting something extra.
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a friend of mine just got fired and when she left, she voluntarily surrendered her bags to the boss for her to check, boss refused.. then my mate was in cab to go her friends she gets a call from the police saying her boss's phone has gine missing.. etc.. my mate told the officers to put her on speaker phone and said that she surrendered her bags and she didnt check and if she find the phone in her stuff meaning the boss put it there.. her boss took the phone and apologized saying she found the phone... hmm.. makes one think doesnt it?
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