Re: Contradiction within the visa issued & employment contract



ORIGINAL POST
Posted by jessielibo 18 yrs ago
I have signed my PH Domestic helper for two years but the Visa in her passport requires her to leave after one (1) year within her employment. From my interpretation, I suppose she has to return to her place of origin, that is Philippines after a year which contradicts with the Employment contract that I had signed where I shall provide an air-ticket, allowance and holidays prior to her departure (as stated in Para. 7 (a) (b) on termination and expiry of the Employment contract which is two (2) years.


Para.2 of The Employment Contract states:

"The Helper shall be employed by the Employer as a domestic helper for a period of two years commencing on the date on which the Helper arrives in Hong Kong." (i.e. July, 2006)- – she worked in Hong Kong for two years prior to her commencement at our home.


On one side of the Visa on her passport, her Visa is stated as follows:

"Previous conditions of stay are hereby varied.

01-07-06 to 01-07-07

EMPLOYMENT - Permission to remain from

01-07-06 to 01-07-07”


but on the second page of the visa:

“EMPLOYMENT - until 01-07-08"


I am utterly confused with such arrangement as the Employment contract requires my to provide air-ticket and other allowances on termination and expiry of the contract (which is 2 years) but on the other hand, the Visa requires DH to leave Hong Kong after a year, so does that mean I have to provide 2 air-tickets for her within this contract of two years. What kind of rule is this and the Guidebook to employers does not expressly state anything related this?

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COMMENTS
crj 18 yrs ago
I think ours just got an extension after one year... best to ask immigration dept if an extension is possible.

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SeeYen 18 yrs ago
No, you do not need to provide your helper with two sets of tickets. I too don't understand why HK govt. come up with this but this is something new that was only put into effect like 2-3 years ago.


The visa states that the helper has to leave the country within one year of employment and this could mean anywhere, as long as it's out of Hong Kong. Even a trip to Shenzhen and Macau would do. Upon their entry back to HK, the immigration would 'validate' the second year's visa which will expire upon the completion of her contract term.


From what my agent told me, she said it's because there are many helpers out there who continues to stay in Hong Kong after the completion of a 2-year contract, may it be with the same or a new employer and these employers may not want them to take time off immediately upon completion of the contract so the helpers have a year to 'defer' that and that's why they are only given one year visa upon the renewal of another employment contract. As the helper would have already 'earned' a return airticket from the first contract, the existing or new employer would not need to provide that return airticket to the helper but if you choose to do so, then you must put it down in writing clearly and get the helper to agree and acknowledge that the ticket you are providing for her return would be part of the current contract's deal. Best if you could get a friend of hers or yours to be the 'witness' to be on the safer side.


I hope this helps. Happy to explain it more over a phone call if you wish to in case I don't write it clear to understand, just send me a PM with your contact details.

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jessielibo 18 yrs ago
Great stuff, very informative, See Yen. You have made it very clear here. Though I have asked my agent, she did not explain as clearly as you and left me wondering for months. Tried calling the immigration hotline and it was always engaged.


Thanks heaps, See Yen. As I don't know how to use the PM function, I am happy enough with your answer.

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SeeYen 18 yrs ago
Glad I can help. You will learn along that it is very unfortunate that the labour laws for domestic helpers in Hong Kong does not protect the employer much, if at all so you need to be very careful. I have heard terrible stories about helpers from friends who personally experienced terrible demands from their helpers upon termination of the contract.


I too learned to PM recently. To do it, simply do the follwoing:


1) Go to 'Control Panel'

2) Create a new message

3) Find the 'username' you are looking for scrolling down the list. To make it easier, go by alphabetical order.




I too

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Mag05 18 yrs ago
I work in a local school, have a 2-year contract, but my first employment visa stated the same. What I needed to do was to come again to the Immigration one year later and extend my employment visa for another year according to my contract.


Another possibility is what See Yen said about staying in HK with another employer. In such case, you don't give her a ticket TO phil, but you might have to buy her one FROM Phil. I am not sure though.

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SeeYen 18 yrs ago
Under one employment contract, the employer only has to provide ONE set of return airtickets so Mag05 is right too. You may not need to provide her a ticket TO Philippines(if yours chooses to return home for a short holiday) but you will need to provide her one coming BACK to Hong Kong. That's why I said that if you choose to provide her the tickets, you must put it down clearly in writing as there are many helpers who once finish or terminates their previous contract will take cash in-lieu of the airticket and again, this must be clearly stated by the employer upon the end of the previous contract.


What you can do is to redeem one for her if you have sufficient airmiles. The contract states that employers have to provide airtickets but it does not state that it has to be purchased from a travel agency or airline. I have friends who redeemed airtickets for their helpers and it worked out well too.

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