Posted by
kneebows
16 yrs ago
I need advice quickly. Last month our helper chose to terminate our contract two months into it in order to return home. As the law allows, she chose to work her month's notice out and is due to finish up with us in the first week of December. However she has become close to unbearable with work standards and an attitude that would make the moodiest teenage girl proud. We tried to talk to her tonight about it - end result she wants to leave our house first thing tomorrow morning and go stay with a friend until her ticket becomes valid - we bought her a return ticket on a set date to coincide with her termination date next week.
I am more than happy for her to leave, but is it legal? Will we get into trouble from the Immigration dept? Could she be planning this in order to cause us trouble? Am I getting paranoid?
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Nuri
16 yrs ago
Also, ask her to write a short letter that will state that tomorrow is her last day with you. This is to protect you as she may complain to Labour Department that you terminated her prematurely (1 week) without paying for that week. Do not forget to send a copy of the letter to the Labour Department.
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agree make everything in writing so she doesnt come back later with made up accusations
not only the labour department, send a copy to the immigration department and the philipine consulate too
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Thanks all, one more question. How much travel allowance should I pay her? She is from Manilla will be returning there.I recall reading $100/day somewhere which is about $100 more than I would like to pay her.
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travel allowance for what?
she is entitled to a ticket to her home. if her home is manila - you are not responsible for airport transfers here or there. did i understand you correctly?
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i thought we had to pay for their food for the day, please tell me I am wrong, especiallly as it is only a two hour flight
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i found out some information for you which you might find helpful
http://72.14.235.132/search?q=cache:3Kniv1nwtdkJ:www.labour.gov.hk/eng/public/wcp/FDHguide.pdf+domestic+helper+hong+kong+traveling+allowance&hl=en&ct=clnk&cd=3&client=opera
unfortunately- the minimum is 100 per day
oh and make sure you have some sort of receipt and she acknowledges receipt of everything
Q10.3 How many days' food and travelling allowance is payable to my helper
under the employment contract?
A It depends on the journey time between Hong Kong and your helper's place of
origin provided that he/she travels by the most direct route. In general, if
your helper is from an Asian country, one to two days' food and travelling
allowance should suffice.
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grrr - I have posted elsewhere on this but I am going to state it again because it is so wrong. If a domestic helper decides to terminate a contract early through NO wrongdoing on my part, why does she have the right to choose to continue to live in my house for another month? Or more importantly why don't I have the right to say "I am not comfortable having you in my home, I know you have no loyalty to me or my family's well being, I no longer trust you and am unwilling to put up with your surlyness and attitude that is seeping through my family home like an icy mist. Please leave." And WHY do I have to pay for her ticket home (when I only paid less than three months ago to get her over here) AND $100 for her food allowance even though she will be on a plane for two hours and then home again. GRRRRRRRR
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I have very often read on this forum "send a copy of the letter to the Labour Department".Please do clarify this as My helper has given me her termination letter & is working out the one month notice period. I have only informed the immigration dept & recvd an acknowledgement back from them
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