The maid filed false claim with the Labour Department -
2 days outstanding wages (which I have already paid)
1 day statutory holiday pay (already paid too)
air ticket expense (already paid & she overclaims the amount)
travelling allowance (already paid & she overclaims the amount)
The only two disputed items are one month wages in lieu of notice and annual leave pay as I insisted that she was summarily dismissed
I eventually paid her the above two items on the condition that she agreed to dismiss all her other claim items before the conciliation meeting.
I am happy to settle in this way, rather than paying her everything immediately on the termination date for the following reasons:
1. I dont have to go to the agency with her, which is on her side;
2. I have the Labour Department as my witness that full & final settlement was reached with her;
3. I dont have to attend the conciliation meeting;
4. She was required to turn up the Labour Department 3 times - first to file her claim, second upon the officer's request (the officer knew that she was overclaimed and wanted to clarify her claim items face to face before the meeting); third to pick up my cheque;
5. She needed to go to the bank and cash the cheque;
6. She has a record of "summary dismissal' at the Immigration Department;
7. She needed to stay in HK until the conciliation meeting date but she can't work in HK and can't process her new working visa during this period;
8. I just paid her $878 for the air ticket expense (price quoted at the time she was dismissed) but the fare rised up during CNY.
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!
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.
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?
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.
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.
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...!
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thanks a lot for the useful info!
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