I filed to Consumer Council and now is preapareing the documents. I have to let ConsumerCouncil know that how bad is this agent. In case they have some public release for employer agentcy, this agent will be black-listed.
原文章由 snoopy888 於 08-12-8 18:03 發表
tk2008,
I want to sue an agency because she didn't provide any service to me but received the full agency fee from me. Would you please let me know what I need to notice as I've already got the regi ...
原文章由 tk2008 於 08-12-9 10:03 發表
I have not filed to Small Claim yet.
I filed to Consumer Council and now is preapareing the documents. I have to let ConsumerCouncil know that how bad is this agent. In case they have some public r ...
Thanks for your reply. Mine one is in Central, which already on the bad list in BK (I just found out last night). Any suggestions? Anyway, it's really encouraging to know that you win finally.
I received 表格一、二、三和答辯書, then prepared the 答辯書 and listed the incident in details (including: time, date, name and the witness if there was).
I have typed the whole incident (how it happened and all the conversations on the 答辯書.
E.g.
Date: , Time:,,, , Where: ….
I said:…
The maid (her name) said :….
In the 答辯書, do not include any personal comment, e.g. how bad is the maid, just tell the fact and how did you provide her the chance for improvement (e.g. reminder letter you have issued to her. Of course, she should have signed for receipt of the letter).
I have the following evidence to support in my 答辯書:
1) Her resignation letter (which she prepared by herself and written in Indonesian).
2) I issued an acknowledgement letter for receipt of her resignation letter (I have included the Indonesian translation of the content of my letter, because I have to ensure that it is fair to her to understand what I have written). She has signed for receipt of my acknowledgement letter with witness (my apartment security officer)
3) The witness on site when I re-confirmed her intention for resignation.
I have counter-claimed her one month salary in lieu because my point is she should give me either one month notification. Make sure that you have filed this counter-claimed well in advance to 勞工處. One negotiation session must be undertaken at 勞工處 before it passed to 小額薪酬索償仲裁處 for the next handling.
If you have this counter-claim, you may not need to pay anything to the PK maid, instead, she needs to pay you back. The judge will analyze how much the maid needs to pay you back in case the maid loses (e.g. her time, her expense in HK and my counter-claim amount minus her salary).
In your case, she claimed you $500 for travelling expenses from airport to her home. You need to check if there is any website to support how much is it for local transportation. My case, the PK maid claimed me $500 as well. I found the train ticket was at HKD40 (+/-). I printed the price with the currency conversion rate. I presented my findings in the court to support that I would pay only HK$40 instead of HK$500.
This evidence lets the judge felt that my PK maid was really greedy and not honest at all -> then bad impression on my PK maid. (this conclusion should not be included in your 答辯書 as the judge does not like personal judgement). Remember to include your findings on this local transportation and why you do not agree to pay this HK$500.
All evidences must be included in your 答辯書, otherwise, the judge has right to refuse your new evidence or to arrange another new hearing for the new evidence.
We came to the settlement at 仲裁處. In fact, my bottom line is to pay her the salary she has worked for (from my point of view, it is fair to pay her as she has worked) and I also should give her a free passage.
The judge said that the PK maid’s claim is not stand because I can prove that she resigned by her own.
I noticed that she has no money even my counter-claim is stand. I don’t want to waste my valuable time with this PK maid (because I filed the counter-claim too late and 2 files cannot be handled in the first hearing. Therefore, I give up my counter-claim)
I eventually agreed to withdraw the counter-claim. And 仲裁處 has issued the settlement order that I can issue a physical air-ticket for her departure.
The court has put all agreement on paper and sealed.
Thanks a lot!
For my case, I just got her resignation letter in English which I drafted for her and is a very simple one, (e.g. I regisn my job from (date) of my own accord.) There is no witness at all.
Here are some questions:
1.For the $500 travelling expenses from airport to her place. Would you please provide me the website? I just got verbal quotation from several Indonesian Agencies. Yet, it's only 2-3 hours travelling distance, so at most it's approx. HK$40-50 for public transportation.
2. Had you attended the meeting in 勞工處? I didn't.
3. Did you pay her the salary finally? (I presume that you didn't give her the final salary when she resigned as she agreed to pay one month notice in lieu)
1.For the $500 travelling expenses from airport to her place. Would you please provide me the website? I just got verbal quotation from several Indonesian Agencies. Yet, it's only 2-3 hours travelling distance, so at most it's approx. HK$40-50 for public transportation.
I have just searched the city of her home and also “transportation”. This give you the result.
What is her city?
2. Had you attended the meeting in 勞工處? I didn't.
Yes. I did. Only after attending the negotiation meeting at Labour department, then the case will be passed to 仲裁處. (this is my understanding).
3. Did you pay her the salary finally? (I presume that you didn't give her the final salary when she resigned as she agreed to pay one month notice in lieu)
Yes. I paid. The amount is very small (only 11 days) in my case. I wanted to give a good impression to the judge, let her know that I am a fair and reasonable person. She should get the pay for her work. One thing too bad is I filed the counter-claim too late. If both files were handled in one hearing, I am sure that she needs to pay me the salary in lieu.
If you consider your own no-pay leave to attend the hearing, you will find that what she will pay back to you is nothing.
1. I'll try to search according to your instruction. Tks
2. I didn't. As some of my friends told me that it doesn't make any different even you attended the meeting in "勞工處".
3. For my case, the PK maid will go to "仲裁處" anyway since she got nothing but only the air-ticket and the $100 transportation allowance from me when she left (1 month salary being deducted by the 1 month notice in lieu). Regarding the counter-claim, I just filled in a form "勞工處 勞資關係科" and passed to 勞工處 after I've received the letter from 仲裁處.
Questions:
a. How you file your counter-claim? via 勞工處 or via 仲裁處?
b. In case I insist to wait for my counter-claim, do I need to bring witnesses if any after 1st hearing?
I need your help!
I cannot find any information about the transportation from the airport to her place. Can you help?
Airport: Semarang
Her Place: Temanggung
Do you know that how much the taxi charges per km in Indonesia? I've got the idea how far from the airport to her place. It's about 45km which is roughly from Tin Hau to Sha Tau Kok. I try to figure out the approx. cost.
Can you advice any website about the transportation charges in Indonesia?