hiring terminated maid with expiring air ticket

Hi,


This maid I want to hire was terminated by her previous employer basically for a confirmed lame reason. My quesiton is, the maid went to immigration and they asked her to unconditionally stay for one month til beginning of january. The reason being immigration thought the employer's termination reason was strange and want to interview them before processing the maid's papers. Anyhow, the air ticket they gave her to go back to philippines is expiring december 15. And previous employer refuse to pay for another ticket. Who should be responsible for maid's ticket then? I think previous employer should be responsible, but want to hear opinions of others

the previous employer has given the dh her due termination package -they are no longer obligated to provide anything further.


dh has to go home, and you have to provide her with her ticket from philippines to hong kong.


there's always two sides of the story. did you call the previous employer regarding the situation to deem the termination reason lame?


different employers have different standards, so what may be lame to you may not be lame to others.

Yes, I did call the previous employer, that's why I call it lame. I didnt want to go into details cuz so lengthy. They never told her a reason why they terminate her, just suddenly sat her down after dinner one night, and told her your services are no longer needed, and there is no reason. Please pack your bags and leave tomorrow. I called them to do reference check since she was terminated, and end up finding out they were going to hire a Chinese maid instead, and there was nothing wrong with the helper. I felt bad for the helper, I thought she at least deserved a reason. She was in shock and had lost of confidence thought she did something wrong but couldnt figure it out. Anyhow, due to the termination letter reason seemed strange to the immigration, they want to investigate the employer and interview with them. In the letter they wrote "can take care of own child now, dont need helper anymore. sister in law is going to come from china to help" Which is false, because its not her sister its hired help. but immigration doesnt know that, only I know that. Also, the reason why immigration wants to talk to them because the original reason they applied was to take care of grandmother. All of a sudden grandmother out of picutre...So helper is stuck in hong kong NOT because of her own problem, but because the employer's termination letter conent. Anyhow, now am stuck with the air ticket issue!

Since you have already hire her, why don't you let her go home to the Philippines for a week or so by adding money for the return part to the ticket the previous employer bought for her. It's just a suggestion as I don't know if it is workable or not and maybe you want her to start right away, then obviously, the air ticket will be wasted.

well FKKC, the immigration will not let her leave HK until after appt on Jan 6! Her ticket from previous employer expires Dec. 15!

Sticky problem.


1. Terminating a helper is very simple. You go to immigration tower, get the appropriate form, write in a reason for termination and hand it in to incoming mail - total time cost around 6 mins. We took a photocopy of the form, (service available on some floors) and handed the form in. There is no receipt for this form. When you terminate, the immigration dept send out a letter advising the employer that contract is indeed terminated (about a week later). After that, any claims are between the helper and the labor dept. If the helper persues his/her case through the labor dept, they are not allowed to work, nor are they allowed to actively seek employment. If the helper puts a claim in to the labor dept, a conditional stay is usally given by immigration for the helper to persue their rights.


My question is: has she been legally terminated? That is, has the immigration accepted the termination of the contract. Until immigration decides the contract is terminated you cannot hire her.


2. What happens if the past employers choose not to meet or delay meeting the immigration department - this has the potential to go on for months at the expense of your helper.


3. Under the law, an employer has to furnish an air ticket home - which they have done. Thus, this employer has complied with the law. If the helper believes that this was unfair (I am assuming here that the ticket was for exactly 2 weeks after the date of termination) the helper can take the case up with the labor dept. However, if they want to be free to sign another contract, this may not work in their favor.


4. You say 'unconditional stay visa' does this mean she can actively seek work and sign a new contract?


5. Since the ticket home is not your expense, I would offer the helper a loan against salary for the cost, and pay it. (assuming philipines - around $1100 for air cebu)


I would advise your helper to turn to an advocacy group such as Helpers for Domestic Helpers, they are a voluntary organisation working on the rights of FDH.


From your description - she is being unfairly treated by both the immigration and her former employer. Who is paying her accommodation and expenses for the one month of unconditional stay while immigration contact her former employer? Where is she expected to legally live?


Keep us posted.

Artois


you ask some very good questions. yes, what does compulsory unconditional stay mean? who pays for her room and board and new air ticket then?? Helper is stuck in HK with no work and no air ticket! I already signer her new contract, but immigration does not accept until her situation is clarified!! Have no idea... Just wrote an e mail to immigration to ask to clarify the situation, hope they reply soon before her ticket expires!!


This is like some nightmare DH hiring experience of mine this year. This is the third one already that has problems!! First one disappeared the day of contract signing. Second one I found out the day before signing that she was half deaf by suspecting her slow response and sent her to ear doctor same day. So, point is, I STILL DONT HAVE A HELPER!! !@#$%^&*