She repeatedly asked me to give her $ instead of air ticket as she wants to find a new employer within 14 days. I refused.
I have prepared to settle her case at the Labour Department or Court. No big deal even if I need to pay her one month wages in lieu of notice at the end. At least I can prevent her from finding a new employer for the moment.
But my husband has opposite view, he wants to pay her everything to save all the troubles...!
Thanks. As my maid has just been working for me for 10 months, I cant find any other item I have to pay to her except from one month wages in lieu of notice and prorata annual leave pay.
What I am afraid is, if i pay her wages in lieu of notice, she can find another employer in HK easily.
Do not break the law, we must do according to Employment Ordiance.
Just fax the termination form plus a letter detailly describe the bad attitudes and reasons why you terminate the Domestic Helper to Immigaration Dept.
According to the EO, employer has the right to summary dismiss a maid if she has committed serious mistakes, so its not a must to pay her one month wages in lieu of notice.
I dont want to pay the WILON at the moment also because I know that if I settle my case with her now, she can start her new job soon. But if we have a case in the Labour Department or Court, she should have to wait until our case is settled first. Is it correct?
as far as i know, if we have an unsettled case at the Labour Dept / court, the ImmD will only grant extension of stay to the maid until the hearing date. So even if she finds a new employer who wants to hire her during this period, she cant apply for a new visa. And in this case, the new employer would not wait for her.
Update: I eventually just paid the following to the maid, though she threatened me that she would claim me all the living expenses here for filing the case at court -
2 day wages + air ticket expense + $100 food & travelling allowance + 1 day statutory holiday pay
I checked the actual expense for plane from HK to Manila and paid her the exact fare. I have even included $100 travelling allowance. Yet the agent (OverseXs EmploymenX CentrX's Ms Yeung) helped her to cheat on me - she said the maid lived far from Manila, so additional travelling expense was required. I checked by myself online and verified with other fino maids to discover that the maid actually lived very close to the city, just 9km away and not more than HK$50 if by taxi. I asked the agent to confirm with me in writing the actual top-up transport fee required but she dares not to write to me so far!
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thanks a lot for the useful info!
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