Apologies, I assume there are threads on this but could not find my answers. I am about to fire my helper who has worked for us 9.5 months.
I would like to clarify what I should pay to her (besides the obvious outstanding wages plus the lump sum in lieu of the one month notice):
1- Travel ticket: I have purchased a one-way ticket back to the Philippines. I do not believe I owe her a return ticket. Can you pls confirm?
2- Vacation: Since she has NOT worked a full 12 months for us I believe I do not owe her any annual leave day. Am I correct or should I pay a pro rata of the 7 days?
3- Boarding home: if she says I should pay the boarding house for the 14 days she will most likely want to stay at to find herself a new job in HK upon termination, am I liable to pay for it?
4- Anything else I should be thinking about? I am looking to pay her exactly what the law requires me to pay her - no more, no less.
Many thanks for your time!
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1. You owe her transportation to you at the beginning of the contract and back home at the end of the contract. So as long as you paid for her to come to you, you only owe her one way. Note though that you owe her door-to-door costs, not just airfare. This includes any taxi, bus, ferry, aircraft and train needed plus a meal allowance if it takes longer than a few hours.
2. I think you are correct.
3. You are not liable for a boarding house. She no longer works for you.
4. Inform Immigration that she has been laid off. End your helper insurance policy. Collect any keys. Go through her room together so she doesn't forget anything. Write her a reference letter.
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Thanks axptguy38.
For the airfare into HK (when she started) I am not so clear: she was a finish contract and never went back to the Phil between the previous job and her job with me. Therefore, I would have been of the view that the previous employer was responsible for the airfaire into HK (upon the start of her employment with THEM).
Do you think I am correct?
Thanks again for your input!
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The previous employer would have been liable for airfare into Hk and OUT at the end of her contract with them, if she did not go home and came straight to you then you owe her airfare into Hk, just google and look at the cost of the cheapest airfare from her home town, then print it off as proof of cost, this is what you owe her in leui of the air ticket you should have paid, we had to do this with our helper.
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As Susie1 says. Even if she didn't go back to the Philippines between contracts, she is still owed a trip home and back to HK. Half the cost borne by the previous employer and half borne by you.
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I am not getting it then: if 1/2 is owed by previous employer, and 1/2 by me, then I am square paying only one leg of the round trip, no? This is totally confusing. If I pay the whole 100% of the ticket - out and back in - then I feel I am paying the share the previous employer should have paid, no?
Thanks!
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Umm, no. Let me try to clarify. For every 2 year contract, the employer should pay:
1. The trip from home country to HK (at the beginning of the contract).
2. The trip from HK to home country (at the end of the contract).
What we are saying is that since she did not go home between the previous contract and the current one, the previous employer did not pay "2", i.e. the trip from HK to home country and you did not pay "1", i.e. the trip from home country to HK.
Therefore you owe her the cost of a trip as per both "1" and "2". The previous employer obviously paid "1" since she is here but did not pay "2".
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The previous employer may have given the helper the money for the trip home and she chose not to use it, but start a new contract with present employer roseotulip. My last helper did not go home between contacts, but we paid her the money in leui of her trip from home country to hk which we owed her and gave her a ticket to go home at the end of her time with us.
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One question, somehow related with the termination issue.
During the first year of contract we gave our helper two months of paid holidays and paid her a ticket to and from the Phil, as we were leaving for that time and we did not want her here.
Now, during the second year, we are going to terminate the contract (well, she is), and I am now calculating all we have to pay her.
Even though she had more than 8 weeks of paid holidays in the Phil during the first year, do we still owe her the 7 days off that she had the right for at the end of the first year? I mean, because of the fact that we gave her those holidays before she had the right for, those don't count and we still owe her 7 days? Is that correct?
Thanks.
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"1. You are only responsible for the one way ticket to go back home."
No. You are responsible for door to door transportation. Also, if you didn't pay for her trip to HK (whether it happened or not) you also owe her this.
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WWcC
13 yrs ago
I agree with beancurd - you are responsible for one way ticket to go back home. I understand when you employ the FDH through the agency the cost paid to the agency may have included her flight into HK. If you find the helper in HK, I understand you don't need to pay her for her incoming flight.
axptguy, can you confirm where you get your information from with regard to the trip to HK. I accept the employer is responsible for the door to door transportation costs and meals.
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Thanks to yu all for your helpful comments.
WWcC, I agree with you. I would be grateful if anyone could provide the documentary basis upon which the employer is supposed to pay for the trip from the Phils to HK **even if the DH is already in HK upon hiring**. Completely understood that it should cover door to door, that's not in debate.
Thanks for your input
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