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Baby Kingdom - 親子王國香港討論區 › 首頁 › 論盡家傭› URGENT! Anybody can help?

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URGENT! Anybody can help? [複製鏈接]

luplup

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發表於 09-10-10 23:22 |只看該作者 |倒序瀏覽 |打印

My maid's contract will end on 11 Nov and I decided not to renew her contract. So today, I tell her about my decision and give her an early release (she has only 17 days of undrawn annual leave). So she left my home today. I paid her for the whole month of Oct and for 1-11 Nov, a one-way ticket back home and a reference letter certifying she has complete 4 years contract with me.
This evening, she called me saying that she has cancelled the flight and stay in HK because I underpaid her. She said I have to pay her for the 17days of annual leave on top of what I have paid her this morning because that only represented the payment in lieu of one-month notice.
I explained that I'm not terminating her contract so I don't need to give her one-month notice paid. Instead, I assume she has completed the contract and I just give her a 10 days early release. Am I correct? Do I have to pay her extra for the 17 days of untaken leave.

Thanks.

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akycheung

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發表於 09-10-10 23:48 |只看該作者

do you sign a letter with her saying you all agree to complete the contract earlier, if not, you need to pay her until 11 Nov + 17 annual leave money + 1 way air ticket

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luplup

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發表於 09-10-11 00:37 |只看該作者

May I know why? I've given her a reference letter saying that she has completed the contract but I did not ask her to sign the letter you said. What's the difference?

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luplup

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發表於 09-10-11 00:38 |只看該作者

Also, I have paid her until the last day of contract wor.

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tiandd

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發表於 09-10-11 00:53 |只看該作者

17日是有薪年假，沒有休就要補錢。

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akycheung

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發表於 09-10-11 13:31 |只看該作者

yes

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luplup

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發表於 09-10-11 15:41 |只看該作者

Even though it's a completion of contract? I thought the last 17 working days of a contract is counted as taking the annual leaves (as she is already on leave). Thanks again for your clarification.

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luplup

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發表於 09-10-11 15:51 |只看該作者

Just like to clarify one point, I'm not terminating her contract but just not renewing it. Does it make any difference?
Can I put it this way : 22 Oct to 11 Nov = 17 days of annual leave taken ; 10-21 Oct = 10 days extra paid leave I give to her. So she is completing her contract on 11 Nov while taking leave from 10 Oct to 11 Nov.
Thanks again for your clarification.

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SandraLo

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發表於 09-10-11 16:10 |只看該作者

原帖由 luplup 於 09-10-11 15:41 發表
Even though it's a completion of contract? I thought the last 17 working days of a contract is counted as taking the annual leaves (as she is already on leave). Thanks again for your clarification.

She's right.
She has the right to work until the last day of contract. Early release = termination of contract on an earlier date which has to be agreed by both employer and employee. i.e. If you want her to take her annual leave from Oct 22 to Nov 11, you must get her written agreement first.

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luplup

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發表於 09-10-11 16:25 |只看該作者

Do you mean that if I'm not giving her an early release, she would normally work until 11 Nov and then take 17 days of paid annual leave. That means she will leave my place on 12 Nov, get her paid until 11 Nov plus payment in lieu of leave for the 17 days of annual leave. Am I correct?

原帖由 SandraLo 於 09-10-11 16:10 發表

She's right.
She has the right to work until the last day of contract. Early release = termination of contract on an earlier date which has to be agreed by both employer and employee. i.e. If you ...

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SandraLo

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發表於 09-10-11 19:24 |只看該作者

原帖由 luplup 於 09-10-11 16:25 發表
Do you mean that if I'm not giving her an early release, she would normally work until 11 Nov and then take 17 days of paid annual leave. That means she will leave my place on 12 Nov, get her paid un ...

Exactly.

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