Posted by
Fixer
13 yrs ago
Waited about 6 -8 weeks for my new helper to arrive with the processing etc. Went to pick her up from the agency and along with her medical report she was confirm pregnant. I declined to sign and take charge over her, so left her at the agency.
Agency is now bitching over that I should take her regardless of her condition.
Anyone been in a similar situation or have knowledge of where the employer stands under these circumstances?
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The helper should have been wise not to come at all (even with probably huge loans, etc. at home).
I would go and ask when is it exactly "employment" starts: (a) When the helper arrives in HK?, (b) When the helper starts work in your home?
The helper has rights, but when do they exactly start? When does the employer's responsibility begin? I personally would not accept a pregnant helper (upon arrival). But as suggested above, be sure by asking the right people/dept.
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I should imagine that if you haven't signed the final contract papers, or had this helper working in your home, you are not liable for anything, but as Cara says Imm and Labour dept will clarify.
The agency may have had to pay to bring her here, that is why they are pestering you to take her, they can't pass her on to any other employer fairly knowing she is pregnant and a liability!. Good on you for having a medical done, and saying No.
Many employers have unwittingly taken on a pregnant or a sick helper, and had a whole lot of problems because of it, because they didn't think to have a medical done pending final signing of papers.
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apparently the helper perhaps is expecting that her employment contract would cover medical for her unborn child too... very cheeky and sneaky.
good on you for standing your ground
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Fixer
13 yrs ago
Thank you for your replies. I did contact the LD as some of you had suggested and didn't manage to find the answers I was lokking for. The agency has since taken my side of the case and ceased all bindings between myself and the DH.
My advice learnt from this episode is that to keep the agency sweet and they will sort things out for you.
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