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民房

積分: 25


1#
發表於 05-10-10 12:16 |只看該作者

已出三次warning letters, 是否可即抄工人, 不用給代通金

如題, 但工人去labour dept告我, 我是否一定要比她一個月人工?


民房

積分: 82


2#
發表於 05-10-10 13:00 |只看該作者

Re: 已出三次warning letters, 是否可即抄工人, 不用給代通金

It depends on what issue you give warning letter to your domestic helper. Yes, under the labour law in HongKong, we mightn't give any compensation to the domestic helper if the domestic helper had made big mistake. But who can define the BIG Mistake, right.

大頭師奶 寫道:
如題, 但工人去labour dept告我, 我是否一定要比她一個月人工?


民房

積分: 25


3#
發表於 05-10-10 13:39 |只看該作者

Re: 已出三次warning letters, 是否可即抄工人, 不用給代通金

KP2,

Oh! I see. For me, may be they are big mistakes, for others, may be it is only small things. Her mistakes are
1. let a stranger (Town gas man to read monthly meters) came in my house without phoned to me for aproval. (But on her first day, I already taught her cannot open the door to stranger even if a police). She said the man wore uniforms and with ID card so he is not theft.
2. She always cook the pork not well done. Still has blood when you eat. I warned her many times, but she still has no improvement.
3. She had been told that she cannot use master room's toilet but still used it when she just after cleaned my toilet and left her menstration blood there.
Her all mistakes that I had told her before she couldn't do, but she still did it. Are they only small mistakes?


大宅

積分: 4108


4#
發表於 05-10-10 13:51 |只看該作者

Re: 已出三次warning letters, 是否可即抄工人, 不用給代通金

I think you have some points to not paying the 1 month notice. But you need to prepare that she will bring the case to Labour department.

It is very time and energy consuming to deal with her in Labour department. You'll need to go to Labour department (or even to the labour tribunal) a few time before case settled. So, whether to pay or not depends if you prepare to spend time and energy over the case.


民房

積分: 82


5#
發表於 05-10-10 13:51 |只看該作者

Re: 已出三次warning letters, 是否可即抄工人, 不用給代通金

大頭師奶 寫道:
KP2,
Oh! I see. For me, may be they are big mistakes, for others, may be it is only small things. Her mistakes are
1. let a stranger (Town gas man to read monthly meters) came in my house without phoned to me for aproval. (But on her first day, I already taught her cannot open the door to stranger even if a police). She said the man wore uniforms and with ID card so he is not theft.
2. She always cook the pork not well done. Still has blood when you eat. I warned her many times, but she still has no improvement.
3. She had been told that she cannot use master room's toilet but still used it when she just after cleaned my toilet and left her menstration blood there. Her all mistakes that I had told her before she couldn't do, but she still did it. Are they only small mistakes?


Let me think..... I thought that only the statement (2.) might be the serious one rather than others, you know, if she let the kids eat that not cooked well pork meat, your kids will get disease. BUT....be honest, I can't see any evidenance from your warning letters can fly her without compensation.


民房

積分: 25


6#
發表於 05-10-10 14:05 |只看該作者

Re: 已出三次warning letters, 是否可即抄工人, 不用給代通金

cat_house ,
I ready to use my time. But I heard that I need to pay her all her expense (living and eating) during this period. Is that right?


子爵府

積分: 11796


7#
發表於 05-10-10 16:06 |只看該作者

Re: 已出三次warning letters, 是否可即抄工人, 不用給代通金

KP2 寫道:
[quote]大頭師奶 寫道:
KP2,
Oh! I see. For me, may be they are big mistakes, for others, may be it is only small things. Her mistakes are
1. let a stranger (Town gas man to read monthly meters) came in my house without phoned to me for aproval. (But on her first day, I already taught her cannot open the door to stranger even if a police). She said the man wore uniforms and with ID card so he is not theft.
2. She always cook the pork not well done. Still has blood when you eat. I warned her many times, but she still has no improvement.
3. She had been told that she cannot use master room's toilet but still used it when she just after cleaned my toilet and left her menstration blood there. Her all mistakes that I had told her before she couldn't do, but she still did it. Are they only small mistakes?


Let me think..... I thought that only the statement (2.) might be the serious one rather than others, you know, if she let the kids eat that not cooked well pork meat, your kids will get disease. BUT....be honest, I can't see any evidenance from your warning letters can fly her without compensation.

[/quote]

I agree with KP2


大宅

積分: 4108


8#
發表於 05-10-10 16:12 |只看該作者

Re: 已出三次warning letters, 是否可即抄工人, 不用給代通金

I don't think so. I know she has right to stay in HK 14 days after termination. We don't even need to pay for these 14 days, how come I'll need to pay all her expenses during this period?

I had experience in Labour department and labour tribunal with my previous boss, all they want to achieve is to have you two settle the case by yourself. If she asks for your compensation, never ever agree to pay the expenses. I suppose she will not be able to find a new job while she has a court case and the longer she stay, the more she lose.

If you want to confirm with the payment of expense, call labour department. Don't ask the agent. The agent may mislead you.

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