Posted by
annafelix
9 yrs ago
Hi guys,
I really need your help, please.
My domestic helper has been with us for just over 2 months now. In a 6 days I was planning to take her with us on holiday to Europe. It took me a lot of time and money to organize this for her, like visa, travel insurance, flights, etc...
So, she only got her European visa yesterday morning and in the night she texted me saying that her mum has died.
Now, please advise, how long is she entitled to leave for? Do I have to get her a return flight? Or give her any money? She obviously hasn't had any holiday from us yet as she has only been with us for a short time, as I previously mentioned above.
Any reply is highly appreciated. I'm also trying to contact the 24 h domestic helper line at the immigration office, but no one answers.
Thank you!
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Officially / legally, I don't think your helper is entitled to any leave, paid flights, nor money for her return to her country. I am not aware there is any legal bereavement leave. Any such offers would be from your good will.
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Not entitled for paid leave. Strictly speaking if the helper is out of HK within the period, you may approach Immigration whether this is violating the contracted term and condition on granting the temporary condition of stay (2 yrs) in the employer's place.
For personal no pay leave rather than return to place of origin upon termination of contract, there is no obligation for employer to pay travel cost.
May worry about why getting the Europe visa then want to be out of HK. You may cancel the visa first otherwise if any adverse things happened, you would be aiding the possible immigration offence in Europe.
Just a piece of advice.
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Thank you very much for your inputs!
You are both right, she is not entitled to any emergency leave days or payment. I talked to the labour department and I was advised to only pay her what I owe her up to her date of departure. And that I should actually deduct money from her salary for these days of emergency leaving. But she is asking me to pay her at least a month salary in advance and buy her a return ticket to the Phillipines and to deduct from her salary.
I asked her whether she wants to leave for good or wants another employer and she promised to me that she will come back because she desperately needs this job and she is very happy working for us. So, I don't think she wants to run away by herself to Europe.
I guess I'll have to help her out. I will feel guilty all my life if I won't let her go and say good bye to her mum.
Thanks again!
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why do you need to pay for one month's salary in advance?
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Sounds fishy to me.
Don't pay the advance of salary
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I know, it's up to me to pay her the advanced salary. But she is asking me to help her, as she doesn't have any penny left from the previous salaries because she sent everything back home for her 3 kids.
Tomorrow she'll leave for her mum's funeral. Of course, I bought her a round trip ticket, which it will be deducted from her salary and gave her only a half of her next salary in cash plus what I owe her up to today. Everything with receipts signed by her.
If she doesn't come back, good luck to her! Better this way than to live with someone I don't trust.
Many thanks to everyone who tried to help!
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Let see, pls update us the good expected outcome.
Many friends nowaday encountered the same with same.story and not coming back. Of course, this does not apply on.everyone but you do have NO reaponsibility to pay advance especially she just worked a short period in your contract.
Ask more about the death and.show empathy. But there was a fact that my friend asked when and who died, and later the helper said.another date of death after a few day and forgot the original story. Funny facts.
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If she does not turn up,
Go to Labour Department to open a file for record and automatically regarded as breaking improperly.
File all document and request Immigration for filing into her personal file that would make future employment application not feasible with adverse remark on their mutual exchange database....this can help no more reoccurence to other families.
Report to police as FRAUD and LOST person. That may stop such person at the border and may find your asset recovered. And follow up prosecution will follow.
These are only for just in case, hope you won't need these.
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She showed me some photos with her mum's picture on her birthday cake. Then, apparently the same woman lying on a bed in the hospital surrounded by some members of her family ( whom I can recognize), then a photo with a coffin and her mum's frame pic on the coffin. I asked her to bring me a death certificate of the deceased person. I don't know if there is any other way of verifying this matter...
Dear Asiaxdreamy, thank you so much for the useful info you posted! I also hope I'll not need them, but who knows?
She should be back next week. Will keep you updated.
Thanks again!
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If she does not turn up, notify immigration about the situation and send all copies of everything she has signed for.Then if she applies again for a job in HK, immigration will check.
I also had a similar issue. I signed a maid I found on asiaxpat. She returned to Indonesia to wait for the contract. After I bought the visa was issued, and sent to her, and after I booked the airticket she whataspped me that she wanted to delay starting by two weeks to help her daughter start university. I said No. Then she said OK.
On the morning that she was supposed to arrive, she whatsapped me at 4 am in the morning that she could not come because the daughter hid her bag and passport and money. blah blah blah..and she promised to repay me the one month for breaking contract. When I asked her how ...she came up with a sob story blah blah blah blah...but she texted that she promised to pay but could not tell me when.
Send to immigration because it is immigration who issues the visa.
Also, contact your agent because if she doesn't turn up you should get a replacement helper and not pay the agency fee.
I whataspped her that I was not happy, but I will forward copies of her whatsapp to immigration that she had broken the contract, and that she promised to pay me back. I said that I would notify immigration when I did receive the money.
Within two days, she worked like lightning and got her friend in HK to meet up with me and pay me back the one month salary.
I think it was a case that she found a sweeter deal and that is why she did this.
I now have a new fantastic helper who informs me that helpers can break off 3 contracts in a row and then they will committ and finish the 4th signed contract otherwise they will get blacklisted.
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Anyway, I hope that it is genuine.
I don't think you can ask for the death certificate though.
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I do hope yours' mother rest in peace if the case is true.
I have good helper in my house over twenty years but also encountered nasty ones.
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One of those , said have to return country for mother is dying, crying, blah blah blah, borrowed money for that...then broke contract.
1 month later , reappeared in another employment and the agency found out that her mom is still alive.
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Another one....claimed grandmother died in November, go back. Then claimed mum died in coming February.
Immigration asked her when passing the checkpoint since it was abnormal to travel like this within the employment, found out the spelling of the claimed grandmother was incorrect. Phone me to verify for a lengthy process. At last, found out that they were all alive with Authority in home country.
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For employees who make use of the employer's empathy, shame on you.
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Don't forget the Europe Visa issued to her.
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It's a cultural issue.
Chinese people will never claim that someone in the family died.
Indonesians say that they have to go back and get married (this is what my maid tells me is there get out of hong kong card)
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I'm so sorry to hear all these terrible stories about the helpers In Hong Kong!
We are also quite new to this place, I guess quite vulnerable.
I was reading a book about how to manage your helper. Also, there were some good and bad stories about them. One of them raised my attention as that helper, after having worked for 15 years for a couple with grown up children, asked permission to bake a cake to take with her back home. But, the silly helper forgot to take the cake when she left. When the employers came home, decided to eat the cake and surprise! Inside the cake, the helper has baked her employer's jewellery box.
Now, what do you guys think my helper is doing now in the kitchen? She asked to bake a cake!
She told that she wants to leave in one hour, 5 hours earlier than her flight!
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Sounds Fishy to me,
But hope I am wrong
when is she expected back
I had a similar experience and she never came back in fact still needs to pay me 9K HKD
but there are a few gems in the pack of wolves.
let me know the out come, would be interesting to know.
thanks
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My helper did show up as she promised. She actually boarded both flights on her own to Europe. But, she didn't bring any certificate saying that she forgot and she promised that we will receive a copy by post.
Did her mum really die? Did she intend to distroy our holiday plans or maybe she just wanted a holiday? These are questions that will never get an answer.
Thank you for your support, so helpful!!
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AnnaFelix,
If a person can lie on that , and abuse your visa to go to other country, on integrity ground, you shall consider replacement.
About abusing the visa to go to Europe ( as I stated that you had to cancel the visa first...), you may report to relevant visa issuance authority. For unauthorized leaving HK without good reason under the signed contract, Immigration has a team to follow up such case and this can also be filed into her personal file in Immigration for their onwards monitoring and review on further applications.
I bet her mum is still breathing on earth , not in heaven, otherwise how would a daughter did not show up the funeral in home country and went to another country.... unless your helper's place of origin is Europe.
This is a very live example of how abuse was done. Shame on such kind of person.
Do something, for yourself and the greater community.
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