Labor Conciliation procedure with FDH

Our FDH and I parted ways over 2 weeks ago. The Helper refused to sign an agreement and became very threatening - 'I will take you to labor dept' etc.


Fast forward, we have recieved the claim from Labor Dept, and it is pretty much our original offer. We are now guessing the whole affair was a bluff to try and get extra money from us.


I have a couple of questions:

1. As I understand it, the first conciliation meeting is for the Labor Dept to get our side of the matter and work out exactly how much we owe. We are disagreeing with the amount of holiday pay / annual leave.


If we do not accept the helpers terms at the labor dept, can they then come back with bigger and bigger claims? Or is the first claim with the labor department final? Do they have to give it their best shot first up?


2. The helper refused an airticket from us - on the basis (signed by witnesses) that it was not 'on a date convenient to them' As I understand the contract, we only have to buy a ticket home, nowhere does it say they it has to be conveninet to them. Since the helper was unco-operative, we made it the last day they could legally stay. They have since extended their visa till the end of Dec. due to the labor action.


3. If we go to the labor dept and simply pay the amount, how long does the helper get to stay? We have no idea where they are and the labor dept will nnotify them by writing the claim is settled. (my understanding - please correct if wrong)


4. If we settle the claim, and we buy another ticket, what date do we put on the ticket?


A little background - the helper did become quite scarily threatening, even approaching the children at school after termination. We have had to report some of the helpers actions to the police.


The money in of itself is not important - we are disagreeing with a couple of thousand. However, my husband is concerned with the principle of the matter - he does not want to give the helper one cent more than their entitlement, and wants to make sure they do not pull this on another employer.


Any advice?

If your objective is finish this and pay what is owed by labour contract definition, then there is no point in delaying. The Labour Dept's responsibility is to ensure that the terms of the contract are followed and nothing more. Since you do have some outstanding, then why drag this on especially if you are concerned about erratic behaviour. Until resolved, the DH will be given visa extensions.


For expediency, you do not actually have to meet in person with the labour dept, you can send a clear letter stating:


1) Number of holidays due and why

2) Amount of termination pay due and why

3) Amount due for one-way ticket, and to easily resolve OR XXXX sum in lieu of ticket so DH can make own arrangements

4) $XXXX total, and that you will remitt to the labour dept upon confirmation

--- this is standard for the Labour Dept to receive on behalf of DH, and this also proves payment for no further dicsussion


Was the DH originally bluffing you, is hard to determine? Potentially yes, but so many DH and HK employees have mis-information from friends and mis-understanding on many of the calculations.... and so when they think they are being "cheated" it is standard for them to engage the labour dept. With the threats, I would be very upset, but in these cases it is usually best to just settle and move forward. Note, the Labour Dept is not concerned about the threats, they only deal with rightful execution of contract and payment.