We have finally fired our helper for a multiplicity of reasons - not able to care for our toddler, negligence in cooking resulting in burnt food, sand, pebbles, steel wires in food, insubordination and rudeness, taking a vacation for a month when she was only entitled to a week (she hasn't completed her first year with us) and finally threatening to call the police when I told her that she is not coming up to scratch inspite of numerous attmpts to make it all work and that she should start looking for another employer. I know that she has a large support group and has threatened to go to Labour. I would appreciate any tips regarding Labour proceedings, advice upon what is required, legal representation etc. just in case. Thanks.
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It sounds very obvious that she is not suitable for your household. Why cant you just sack her and give her all her entitlements. Say (1) 1 month salary in lieu of 1 month notice (2) return ticket (3) travelling allowance for 1 day
She has taken more holidays than she should so there is nothing for you to pay to her in cash in liew of off days. Do you have any proof that she was away for a month? This case seems to be very obvious to me. So i dont understand why she has thratened to go to Labour. Her large support group support her of what?
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We have sacked her but she stormed out of the house in a fit of rage when I told her that we are terminating her contract and all our efforts to contact her have been futile (she does not answer her mobile phone when we call her). After several attempts at contacting her (fortunately my husband's mobile phone records would show how many times we tried to contact her), we have filed her termination letter with Immigration. We have receipt of the air-ticket we provided for her vacation and her passport would show that she re-entered HK more than a month later. We suspect she might go to Labour since she is not responding to phone calls. Also, She hadn't acknowledged the salary receipts for the past 2-3 months (misplaced eye-glasses, busy with house work etc.) and we had foolishly paid her expecting her to sign them and return them to us. We are worried she might claim we did not pay her full salary.
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How did you pay her? I hope you didnt pay her by cash. If you e-transferred or by cheque, then everything is in evidence so dont worry unneccesarily. You said she stormed out of the house, so did you manage to give her the money in lieu of 1 month notice?
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@@
20 yrs ago
I would contact the labour department yourself and advise the situation. I have been through the labour department and my experience is that they are very fair. It was pretty easy to see through our old helper, she lied through her teeth and was caught out so that certainly helped my case! Good Luck, it can be really stressful but it seems you have the records to show you hav been trying to get in touch with this woman, that should help.....
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Unfortunately we did pay her cash since she did not want to open a bank account in HK and refused to accpet payment by cheque saying we 'cause too much trouble' for her. @@, would you mind if I drop you an email via control panel to get advice as to the procedure etc.?
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I think your ex-helper is totally ridiculous and unreasonable. Good luck.
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I agree with @@. Get in contact with the labour department, going in person would really help and maybe write down in a letter exactly what you have told us in regards of the termination reason, walking out and her not signing the salary receipts or her final payment letter etc.
Did you keep a copy of the other receipts she had signed for? I know many of us say it's a very bad idea to pay helpers by cash, but the reality is 90% of employers do pay by this method and if you can prove to the labour dept that you have been consistent with payment every month, then this could help you.
Also take along the termination letter you sent to immigration.
Basically ask them for help and see where you stand on this situation. I would think they have seen this kind of behaviour by helpers many times before and I hope they can really help you get this nightmare sorted.
Good luck and let us know how everything goes.
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@@
20 yrs ago
Sure, send me a message with your contact details and I'll give you a call tomorrow.
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The labour dept is most interested in evidence. We terminated a helper few years ago for dishonesty and she use labour proceeding as a shield to buy her time for next employment. (They can remain in HK while the case is under investigation.)
I was told that you don't need to give reason if you terminate the DH contract. You can also fire someone for negligence with immediate effect without 1 month pay.(in lieu of notice.)
Initially the heler we terminated was given 2 months stay before the hearing. Once I provided the evidence, the case was dissolved immediately. It took 3 days. Good luck.
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Many thanks all for your advice and support. I am going to vist Labour Dept. today and will keep everyone posted via this thread as to developments. Thanks once again.
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