Helper Back out- Agency Won't Refund

Hi Everyone!

I am having a quite particular issue, with very little or no precedent case to refference.

We found a full-time helper in July , signed contract between Helper and Employer, and gave the agency the rest of the documents to handle as a direct hire. We have got invoice of the agency fee, but there was NO SIGNED CONTRACT between agency and Employer for the service. We worked together already, and needed processing urgently because we were leaving Hong Kong the next days.

A few weeks in our holiday (away from HK) I get a SMS from this helper that she decided to back out, and won't take the job.

Now, when I went to the agency to clearify our situation, the agent offered the same service again if I bring a new helper to her (she won't find one, because direct hire is cheaper then finding helper for us), but NO Refund.

I was not aware of this NO Refund policy, and since there was no service contract between agency and us, I only have an Invoice to refference.

I asked the agent, to show me all the documents I payed for, including insurance fee, and medical check up for the helper, and all she gave to the Immigration.... and it turns out she did not even start to make the documents, and the papers were not even given to the immigration yet, because she says the helper backed out the very next day....


In this case I believe I should be eligible of a refund , since the agent basically did not do any work yet for us, besides cashing in the money, and giving me an invoice for direct hiring this lady.

After reading a lot on gov sites, I still do not know what are my rights, as an employer, when helper backs out and agency refuses refund.

Thank you for your opinions!!!!

Boroka

Boroka, was it a completed contract or a terminated contract helper that initially signed with you?

if it was a completed contract, the fee is quite small for the agency to process (so they don't make much) and I can understand why they would not help you to find a completed contract domestic helper....they are harder to find depending on your home situation.

If it was a terminated contract, then that would be a higher fee but probably not the highest fee cf when the agency find you the domestic helper.

Either way, agencies in HK don't refund in my experience. I would just try and work with them by bringing another helper for them to process. Don't alienate them as the consumer councils aren't as consumer friendly as one is accustomed to overseas (as probably under resourced).