Problem with difficult employers - help!

This is a very strange situation, I wondered if anyone had any ideas on what to do.


Our helper's sister lives close to us and we have gotten to know her quite well. She works for our neighbours. In early May they both had to return to the Philippines due to a death in their family. When our helper returned she told us her sister's employer told her to stay in the Philippines until they summoned her back to HK because they wanted to go on holiday and didn't need her.


They have not paid her a cent since she left - none of her salary owed, annual leave - nothing. She never heard from them and tried fruitlessly to call them but they ignored her calls and never returned them. She eventually booked her ticket back because she had no other way of contacting them. She is currently staying with us. Even though they know she is here with us, they won't talk to her, return her calls - even when she knocks on their door they don't answer (and we know they are home because we can see them through the window!)


What can be done in this situation? She is a good, honest helper and there were no apparent problems before she left. They have always been quite difficult, miserly employers who have tried claimed ignorance over certain aspects of the employment contract and underpaid her, even though they are highly educated and can well afford to pay the minimum helper wage. We are angry not only for what they are doing to her but the fact that they know we have taken responsibility for her welfare and that doesn't seem to bother them.


We have suggested to her to start looking for a new employer immediately, even though she hasn't been officially terminated by her current employers. I don't know what else to do. Does she have any legal recourse supposing they decide not to pay her the money they owe her? Is there anything we can do to help her? Can we report them to the labour dept - and would that actually achieve anything?


Thanks.

Thanks Cara. Perhaps it's not such a good idea for her to look for a new job yet. I wasn't sure about the legality of that. I hadn't actually asked about her things in their apartment - it didn't occur to me. I'll also ask her to get in touch with the migrant workers assoc.


Does the labour dept. have a 'hotline' or particular department to call about issues with helpers? I couldn't see anything on their website.

Maybe a complaint with the labour department is in order. Help your visitor write a letter of complaint with the Labour Department.


Employers have responsibilities as laid out in the contract. I would assume they would need to pay even the months they forced their helper to be on vacation.

I spoke to the dept on the phone and they advised trying to talk to them and sort it out ourselves first and then if we can't then open a case with the Labour dept, which we won't hesitate to do. We only have a few days to sort it out before they leave so we think the personal approach is best to start with.


They are Chinese but it seems to us they are mostly concerned with saving money in this case. However, the fact that they wouldn't even acknowledge her presence or answer the door does seem very weird. And it has been over a month since the death now.

Well if they are anything like my mother-in-law, then it's apparently 100 days before they'll be willing to let her set foot in their house.

Oh, yeah, beancurd you are right, if the employer is a Chinese, I think it is a hundred days before one can visit another home.. am not so sure but I know this old chinese beliefs.


Katiefran, pls don't do anything drastic yet, maybe send an registered mail to the employer asking what is the current status and etc. The employer can't miss a Regsitered mail or if he is deliberately avoiding it, at least the maid can prove it that she has done every way she can to communicate with her employer. Dragging the employer to the court right away is not a good idea considering the economic situation now, this helpher may not be able to get another employer right away, cause I knew a lot of my friends are terminating their DH due to lost of their own job...

Just a quick update - they terminated her contract and she found another job pretty quickly so it ended up for the best.