Posted by
meijiro
16 yrs ago
My helpers mother died and she requested an emergency leave. She's with us for just under two years. She's also asking for an advance loan.
1. I know that I am responsible for the air tickets when she completed her contract with us. In this case, who should be shoudering the cost of the tickets?
2. I am prepared to advance a month salary to her but a friend of mine told me that the employer can only deduct around HKD300 each month from her salary. She's only have 4 months to go till contract completion.
3. My helper also mentioned that she needs to obtain OEC before leaving HK. What is an OEC?
Greatly appreciated if someone can throw some light to these matters. Thanks.
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"1. I know that I am responsible for the air tickets when she completed her contract with us. In this case, who should be shoudering the cost of the tickets?"
As I understand it, it is her responsibility. However if our helper's mother died, we would pay her ticket home without hesitation (over her protests). It all depends on the relationship you have with your helper.
"2. I am prepared to advance a month salary to her but a friend of mine told me that the employer can only deduct around HKD300 each month from her salary. She's only have 4 months to go till contract completion."
I believe your friend is correct. Then again, I see a possible loophole. You can pay her the full amount, and she can pay you back.
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spurs
16 yrs ago
We would also absolutely pay her flights home, jump on cebu pacific and philipine airlines websites, you should get a great deal on a flight. Also, if you pay for her flights, not are you doing the decent thing, she may not need to borrow so much / any money.
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"you are sure the mother is dead? maybe she just want to make a paid run."
Interesting point. I guess it depends on how much meijiro trusts the helper.
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MayC
16 yrs ago
I think you're not responsible for her flight home until the end of the contract and your friend is correct, you can only deduct HK$300 off her salary each month. However, as you say, you are only "advancing" her salary, right? So isn't it rightfully hers and it isn't really a "loan"? She's just asking for an earlier pay. I would help her out with the air ticket. I think a return journey via Cebu pacific is under 1k.
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cc77
16 yrs ago
F355
read most of your replies from another threads and you're quite a paranoid. quite scary to have an employer like you.....though you made a point there, the death of a family member isn't a common excuse for everyone just to run away from something or someone.
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you are sure the mother is dead? maybe she just want to make a paid run.
--- OMG F355, who can give such a lame excuse??? F355, can you tell your boss that your mother died when you need to take a leave and have to take advance pay? C'mmon be sensible for goodness sake.. how old are you, 10? :D
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1. I know that I am responsible for the air tickets when she completed her contract with us. In this case, who should be shoudering the cost of the tickets?
-- same as axptguy38, when something like this occurs, if you can afford to shoulder her ticket, it'll be a great help. I would pay for her ticket and back if something bad like this happens to my helper's family.
2. I am prepared to advance a month salary to her but a friend of mine told me that the employer can only deduct around HKD300 each month from her salary. She's only have 4 months to go till contract completion.
---- Yes, your friend's correct. Though she only has 4 months to go till contract completion, have you talked about renewing her contract with you? Since the helper's salary is not such a big amount, deducting too much would be a big thing for them. Depending on your relationship, you can lend her some money. It's all about trust I must say :)
3. My helper also mentioned that she needs to obtain OEC before leaving HK. What is an OEC?
I believe this OEC is Overseas Employment Contract - question is, why does she need to obtain this when she has a copy of the contract signed by you both? You may call up Philippine Consulate to check on this. 2823 8535 or you may visit their webiste http://www.philcongen-hk.com/
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i was just thinking exactly the same - F355 - you are either writing your responces - i seem to remember quite a few nasty ones from you by now - to either wind everyone up and you really dont meant them. Or, if you mean them, my, oh, my - your poor helper!!!
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The airfare is her responsibility. You may choose to be kind and either give her a ticket as a gift or lend her the money to buy one. If the latter you can deduct a certain amount from her salary for the next 4 months so she's paid it all back before the contract is completed.
I don't know much about the OEC thing. When my DH was in the same situation, I was not aware of her having to go through any kind of procedure. Maybe she did it and I just didn't know?
The amount $300 has been mentioned, but according to the Guidebook for the Employment of Domestic Helpers from Abroad, $300 is the max you can deduct is the helper has lost or damaged your goods or property. It states: "deductions for the recovery of any advance of wages are subject to a maximum of one quarter of the wage payable for that wage period". So that would be something like $700-800 per month approx, and the $300-limit does not apply to this. Therefore she should easily be able to pay you back for the ticket.
I have heard that, sadly, some helpers do use this kind of excuse to do a runner, after borrowing the employer's money. I know my own helper brought back a copy of her brother's death certificate when she went home for his funeral! It depends on how much you trust your helper. If necessary, you could let her pay for her ticket up front and then reimburse her on her return, if you were thinking of making a gift of the ticket, that is. This method would at least encourage her to come back!
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Thanks for the feedbacks. I decided to recontract her, paid for the return tickets and advanced a month salary to her.
To be honest, I wasn't comfortable with a loan as I don't intend to get involved with my helper's personnel finance. Guess this is an emergency and I will take the risk.
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That's good to know. I believe if you trust your helper, she'll be the same :) Hope everything goes well with you both.
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