Posted by
TwinMum
14 yrs ago
Our helper has been diagnosed with a potentially terminal illness. She has been very sick for the past 3 months and has been in and out of hospital. Her doctor has advised that she will be ill for several more months.
For 3 months we have been very supportive but now we are ground down by it. As a result, we have just hired another helper which we are struggling to afford.
We know we can't terminate her contract while she is ill. What are our options?
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A Mum
14 yrs ago
I agree you should talk to her. If she is very ill she may feel better being home with her family - if she is fit enough. Would the insurance cover evacuation to her home country due to illness? I think if both sides agree, the contract can be terminated, but make sure she signs a resignation letter and be clear you did not force her to leave. My helper became pregnant during our contract and she wanted to go home, so I had her sign a resignation ketter. and I paid for her trip home.
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Replies seems to be practical, but callous.
if she is seriously ill, terminal you say; you could get such certified by the government doctor, try and chase for the insurance payout if any. Yes send her home but with some financial help and moral insurance paid in full.
My 2c.
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pls call up labor , talk to them if she is terminally ill she needs to go back , there is no RULE in hkg that if a DH is terminally ill the employer SHOULD TAKE CARE FOR HER FOR THE REMANING OF THE CONTRACT...u will just need to give her 1 month notice and book her 1 way ticket...relax
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There is a clause somewhere in the contract or the guidelines that says that if your helper is declared unfit to complete her contract (and yours clearly is) that she can be repatriated to the Philippines. I think as Harry says with one month's pay in lieu.
Your DH insurance will cover the costs, as that is one of the things you are insured against, and it should also cover the costs of hiring a replacement.
You need to speak to IMD and Labor Dept without delay.
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You need to apply to Labour Dept for a case. The helper cannot apply, it must be the employer. If your case is accepted they will pay 75%(or 80, I can't remember) of her salary. This is a common Labour law that not many people understand. The people at the Dept are very nice and helpful. They will explain to you what to do and how to do it.
Good luck
BTW, it is unlikely that your helper would receive as good care in her own homeland, so it is to her benefit to be treated here. I know it is hard on you, but with the Labour Dept. plus your own DH Insurance to kick in, perhaps you will make it.
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