Ridiculous!

Ok.. so earlier I wrote about my DH of 2 months going from "broken up with boyfriend" to "getting married" in a matter of days. Well, now.. she doesn't want to stay anymore. Wants to break the contract to get married. I hired her from Philippines direct so have invested.. time, money, busy work (did all the paperwork myself) and did a lot of training over the last 2 months (she is very entry level)... and after all this hassle she wants to quit just like that. I now hear that I must pay for her return air ticket even thought SHE wants to break the contract. Is that really true? How are we as the employers protected in these situations?

The way the law stands at the moment, the employers pretty much have no protection, the employees get it all. I agree, if she is breaking her contract then it should be up to her to get herself home.

Check the contract, but generally speaking the law does require you to pay for a one-way ticket home.

Q: How are we employers protected?

A: We, aren't.


Anyway, that's my opinion. I've just been totally screwed by my DH, the agency I'm using for her replacement and the contract cleaners who are supposed to be covering while I wait for my new helper to come, so all in all I guess I'm not in a very objective mood.


I've been waiting for my replacement helper since March and the ID just called with yet another hitch in the process - something my agency should have told me about but didn't. I now have to submit 6 more documents, half of which need to be originals and signed by the DH (who is still in the Philippines). And I'm supposed to be going to the UK for 6 weeks on Friday....


And then this morning my Merry Maids cleaner refused to come to work because I had asked her to help with the deep cleaning before my departure. I have 3 coupons (pre-paid) with that company and now won't be able to use them all before I go and Merry Maids is refusing to refund my money. Why can't you just accept another cleaner, they ask. Because I don't like the feeling of every Tom, Dick and Harry traipsing through my home, that's why. But they're not listening.


Okay, sorry about the rant everyone! I just needed to get that off my chest.


Back to Elane's problem: there's nothing much you can do, Elane. If I were you I'd refuse to write a reference for her and give her a ticket (not cash).


I personally would not ask which date of departure she wants, I'd just book a no-date change ticket for the day after she stops work for you. That way she won't be hanging around in HK for 2 weeks supposedly looking for another employer but in reality with loads of free time to go scratch your car. Or at least that's the theory - the one I fired in March for stealing has overstayed illegally and we've spotted her in Pacific Place. Boasting to my one remaining (now overworked) DH about how she reckons she's going to the US to marry her American boyfriend next month.

Thanks for everyone's thoughts and input on my situation. Please read my new thread "saga continues" and your advice is welcomed.

I don't think the relationship a family has with their helper is the same as a boss-employee in other workplaces, because this is in your own home and that's what makes it personal. The helper is dealing with your children, your disabled elderly - all very personal stuff.


Another reason it gets personal is that many employers, I would say many of the people who come to the DH section of this website, like to give their helpers more than the minimum or 'help' their DH in some way. The one DH I have right now is great, so I'm happy to help her. But because I've really done a lot for her, if ever she betrayed our trust or let us down it would be difficult not to feel upset.


I don't mean that I'm trying to 'buy her loyalty' - loyalty is priceless - it's just that if she did something bad to me I'd think "how can she do this after I've been so nice to her?" I think it's like that in most relationships, no matter whether personal or professional, if you're nice to someone you hope they'll be nice back. Actually, I'd also be hurt if my students did something against me, after all my efforts to help them, including extra help which I was not required to give.


BTW, one interesting point was about the plane ticket. I wonder if anyone can clarify? If an employer buys a DH a one-way ticket home and she fails to catch the flight, is the employer really obliged to buy another one for her? Or is it the helper's responsibility to make sure she catches the flight? I always thought that so long as she's given a ticket and signed to say she's received it, the employer's obligation is over?

City Slicker ~


Yes, you're right. I can't have read the paragraph in question properly. I think all the paperwork I'm doing on my own DH application is making my eyesight go blurry...

I was told by my agent that I must NOT buy a ticket that she can't change as the DH do have the right to stay in Hong Kong for two more weeks after the termination date. So last time I get her an open ticket but at the end she left on the same date as she doesn't like Hong Kong at all.

Hi! I just happen to have a copy of the Guidebook for Employment of Domestic Helper from Abroad in hand as I was working in an employment agency. According to it, "The Helper may terminate the contract wihout notice or payment in lieu: a. if he / she reasonably fears physical danger by violence or disease which was not contemplated by his/ her contract of employment expressly or by necessary implication; b. if he/she is subject to ill-treatment by the employer; or c. on any other ground which he/she would be entitled to terminate the contract without notice at coommon law." Therefore, I would suggest you, Elane, to request ask for a one month notice from your employer or a month's pay in lieu of the notice from your helper.


Regarding the plane ticket, you may choose to buy her a 14 days validity ticket. Be sure to have her sign that she has received her plane ticket and her wages.


Remember to send a letter to the Immigration Director either by post or fax informing that the contract has been terminated and the exact date of contract termination within 7 days. Enclose a copy of written notice of termination. The maid will then have to report to the Immigration Department upon leaving your place. Her limit of stay will then be changed to 14 days after leaving your premises.


The maid may apply for an extension of stay but they are not always approved by the Immigration Department. If they are lucky, they might be given 14 more days upon their appearance at the I.D. Also, they are not allowed by the I.D. to change employer here in HK. If the Helper wishes to take up employment with a new employer here in Hk, he/she must return to his/her place of origin and apply for the appropriate visa directly to the Director of Immigration. Only maids who have finished their contract are allowed by the I.D. to change employer here in HK.


I know that Philippine passport holders are allowed to enter Macau without visa but it's not easy now and they have to show money. Going to Shenzhen on the other hand involves the application for a visa. A single entry to Shenzhen costs HK$ 150 at Lo Wu or $220 at the China Consulate in Wan Chai. Immigration officials at these points are alert of these things so they will ask for a return ticket back to the maid's country of origin. The ticket should be the most 14 days and open dated tickets are not ok to them. If employers really wish to stop this, they should refrain from buying their maids open dated tickets and tickets should only have a validity of 14 days so they cannot change the date of the ticket as many times as they want.


Good Luck!

Mochie,


Thanks for the helpful details above. My helper has since terminated the contract. Now I must find another helper. Many of the ones I have talked to were terminated or terminated the contract themselves. To clarify..does this mean that they MUST return to their country of origin first before they can apply for a visa for new employment? (Even if they just recently were in their home country)? If yes, how long does this process usually take? Also, a few of them are in the middle of "a case". How long do these situations usually take as well? Thanks in advance.

elane, would you believe that exactly the same thing happened with me. What an armah drama. And she owed me thousands of dollars as I had paid her salary whilst she was in the philippines AND given her an advance.

Luckily she is a good woman and was torn between her debt to me and flying off to wed Mr Rightnow. When she finally confessed about the debt to the prospective husband he dropped her like a hotcake and she had to come begging for her job back.

"When she finally confessed about the debt to the prospective husband he dropped her like a hotcake...". Wow, sounds like that relationship was really based on the right things. Probably lucky it ended when it did instead of after the wedding.

Hi! Elane, sorry for the late reply and you are very much welcome. I'm happy to help.


Yes, Elane, all terminated helpers must return to their country of origin on or before the expiration of their visas. Even those that have finished their contract has to find a helper within 14 days or else they have to leave HK before their visa expires. Usually upon leaving HK, the maids have to again register at the local employement agency. Their files will then be sent to the contact agency here in HK, where prospective employers can view their files and video, as well. They will only be able to come back and work in HK upon the issuance of their working visa. Some domestic helpers, whether by ignorance of the Immigration Department's law or in dishonesty, make prospective employers believe that they can apply for a new contract here in HK even if their contract had been terminated. Once their visa expired and their new employment contract had not been approved by the Immigration, they just leave without a trace, bringing with them the cash advance that they have gotten from their "new employer". I happen to know of some employers who have fallen into this trap. Some even work for their new employers even if their employement contract has not been approved by the Immigration yet. This will put the employer in a very compromising position as this is illegal. If caught, some will even swear that their employers talk them into working for them illegally. So, beware.


If you really need a helper, I can help you find one, no matter if you're looking for one presently available here in HK or not. You may call me at 6283 7299 if you wish.


Happy to be of service and best regards.