DH doing part time work w/o asking

Very new to the DH scene and I am finding I am not very good at it. This lovely lady is doing a fantastic job but all of a sudden all of the rules (and there are few in our house!) are being “curved” I have just found out that my DH of 3 weeks agreed to work on Sunday, babysitting for a family. She mentioned it was a one off as her friend could not do it. While not a horrendous offence, and she completely came out and told me, unabashed. I feel a bit put out that she did not ask us first. Any advice as to how to tackle this?

... as it is illegal and you, as her employer, would be liable for the $50,000 fine. And you might find the ImmD won't let you employ another FDH.

Claire


Isn't the party who utilises the DH's part-time services the "employer" in this situation rather than the person whi is the "employer" on the contract? Why would the contracted employer have any liability for a situation outside his/her knowledge or control?

mborderform is right: it's got nothing to do with an official employer, because you can not ( and should not) control what she does on her day off.


Personally, I'd prefer even NOT to be asked by my DH if she decided to do a part-time job. If she does, I know it's illegal and can not encourage her to do it because I am on the law's side always. At the same time, as a human being, I would feel bad not to approve, because it's HER day off and she can decide for herself what to do on her day off.

i guess. But we are the ones who brought her here, paid all the fees etc and I do not know too many human beings that can continue to work, and do a good job when they do not have a rest. I want to make sure that she isnt working everyday and doesnt use our week to 'rest up'. We are not very demanding, one small dog and kids but we have a nanny for them. So she is the project manager of the home she cooks, cleans and walks the dog - so not as busy as other households - especially the one she left. maybe its better just not to ask.

From the ImmD web site:


Q33: Can I allow my FDH to take up part-time jobs?



A33: No. An FDH is permitted to work with the contractual employer as approved by the Director of Immigration. If your FDH takes up unapproved employment with any other person, he/she will breach the condition of stay imposed on him/her. He/She will be liable to prosecution and subsequent removal, and his/her future employment application will be subject to close scrutiny. Any person who aids and abets an FDH to breach a condition of stay is also liable to prosecution. Upon conviction, the maximum penalty will be a fine of $50,000 and imprisonment for 2 years.

NURI: At the same time, as a human being, I would feel bad not to approve, because it's HER day off and she can decide for herself what to do on her day off.


ADELAIDE: i guess. But we are the ones who brought her here, paid all the fees etc


Adelaide, are you aware that just because you brought your helper over, it does not mean that you own her or can think for her. Slavery was abolished over 200 years ago!

gypsi1-- in most countries, you cannot work whenever, however you want on your off days if you are an immigrant. these laws are in place for a reason. even in the us- land of the free, you cannot work 1-3 jobs and get paid hourly for over 40 hours/week, officially. if you do, both you and your employer can be liable if/when the govt finds out. adelaide is being a responsible employer. she wants to make sure her employee is rested for the main reason she was allowed in the country. whats wrong with that? how the hell did slavery come in here for?

Thanks gypsil for your not so helpful comments. Very aware that I do not own her, also very aware that as in any employment contract as an employee you have OBLIGATIONS to perform under your employment contract... That was my comment... perhaps don't paraphase people's entries

Dear Adelaide, I think you should confront your helper as some helpers are abusing their employers if they are not being confronted ( not all helper anyways). Besides, youre her employer and you will be responsible for her. You have the right to confront her about her part time job as if, what if something worng happened to her? then you are the responsible for her including some costs. I just think its not a big deal if you confront her as you are just taking precautions. I am too is a domestic helper but i know where i stand even though my employer are good and i always descipline my self as a helper and as a human being. Take care and dont be afraid to talk to your helper.

My reading of the provision posted by Claire (thanks, Claire!)is that Adelaide has no legal liability in this situation unless it can be shown that she "is a person who aids and abets" the helper in the part-time work.


This provision appears to be directed at the part-time employer and at contracted employers who ask their helpers to work at friends and relatives houses. "Aiding and abetting" is likely to be more than simply knowing that your F/T helper works on Sunday (eg finding her the part-time work or using her part-time services).


Adelaide, my advice is to explain to your helper that part-time work is not permitted under the terms of her visa. If she is caught (in my view, unlikely - but you don't have to tell her that!) she will be prosecuted, deported and, most likely, unable to work in HK (or elsewhere - she would have a record, i think) again. I would emphasise the serious consequences that could result from her actions and also your interest in this (you will lose the benefit of her services if she is caught after having expended significant time and money in bringing her to HK and training her).


I would, however, be kind rather than stern with her - especially if this is her first contract in HK. The practice is widespread and she probably knows lots of helpers who work on Sundays. When "everyone does it" it doesn't seem so bad to also do it - probably the reason that she was unabashed about it.


So, I'd make my point and ask her not to do it. If she then continues to work on Sundays I'd turn a blind eye if you are mostly happy with her performance. There's not much you can do about it anyway.


I'm fairly sure that some of my helpers over the years have had Sunday jobs (one in particular, used to be very slow on Mondays, forgetting things that she'd done easily on Friday!). It must be a great temptation for these women, coming from poor countries, to try to earn as much money as possible in as short a time - certainly enough of one to take the risk that part-time work entails.

Lots of people in lots of countries have "second jobs".


People take second jobs for financial reasons in general, not usually for fun to fill in time.


For example, many, many teachers do "cash in hand" tuition at evenings or on weekends - fact. Are they rested enough to perform 100% for the children whose parents are paying large amounts of money and expecting 100% performance? Perhaps yes, perhaps no. Should we be expected to report a teacher if we hear they are tutoring outside of work hours?


Most professional people will not by allowed to engage in work as a second job within or remote to their profession, by way of contract, but may engage in whatever other p/t job they feel like otherwise.


The only issue at all with helpers working extra p/t job on comparison with anyone else is that it is not allowed by law.


Mere knowledge is NOT aiding and abetting, however the part time employer is, so full time employers who do NOT encourage their helper to take p/t work should just chill out.


Selective use of the restrictions imposed by law as leverage so as to control one’s helper may in fact be considered illegal.


Your legal responsibility towards your helper is to be certain that she understand the law and the consequences of breaking the law.

Based on the information posted by Claire, I think you should interpret the law in a way that makes you feel comfortable as you are the employer. Because it's a one-off, perhaps I wouldn't make too big a deal about it. But you should sit her down and discuss what the laws are. Although I'm not one to interfere with what my helper does on her day off, the laws are in place for a reason ... they are there so that DHs that are desperate to earn more money are not worked to the bone and exploited by employers who are willing to take such an advantage.