There are indeed too many 'unnecessary' rules you had put inside. Just think if you are in the helper's position and there are more than 80 rules you to remember and follow strictly before stepping in to a family which you have to be prepared to stay with for at least 2 years. She will be working under constant pressure.
First of all, its unlikely the helper can remember it all much less to follow. Secondly, she will think you are a very demanding employer and she will give up easily. Your had already created a bad image even before she can get to know you.
Most of the rules are standard compliance and common sense. I would suggest you size down to 10 most important ones. The rest you can give it her slowly. Maybe she is not as bad and some of the rules need not apply.
{It is obvious that your helper is 'dead' very long ago. If your agent promise you a date of arrival, maybe you should give her one last chance since you are in urgent need of a helper now. If you change another agent, the new agent cannot do or process anything for you too until after the holiday season. But you can't wait indefinately too. You agent is another bad-apple of the maid agency industry. Can PM me the agent name?
If you decide to fire this agent, I would suggest that you report it to Consumer Council and make small claim for it. No need to give face!}
As we will send a letter to Immigration Office, would you please send me a sample letter? How about the unused levy?
{Do you mean the released letter sample? If yes, just let me know. The unused levy Immirgation will keep in your A/C for future employment use but only valid for 4 months from the released date of your maid}
she is a terminated one, does she have to go back to her home country and wait for the new working visa?
{Yes, she will have to exit Hong Kong territory to wait for her new visa release. She can also stay in China or Macau to wait if you can make the arrangement.}
do I have to buy her the flight ticket from Philippine to HK when she comes to work for me?
{The employer will bear the flight ticket.}
{I assume you are processing yourself (Direct Hire) and not through an agent. I suggest you bring the maid to Philippine Consulate to ask if she can be process as Direct Hire because not all terminated maid is allow to process this way.}
Thanks for your expert advice before. It really helps me a lot!
My bun bun started working at my home in Aug 06 after finishing contract with her previous employer. As she had not reutrned to Phi. for over 3 years, she requested a 3-week no pay leave from Mar 07 to Apr 07. After bargaining, I let her take leave from 27.3.07 to 8.4.07. Yet, I worry much about the need for her to attend the 3-day exam in Phi. I've learnt from your previous reply that all Phi maids need to attend a 3-day exam from 1.3.07 when they go back home and they can return to HK only if they passed the exam.
I want to know:
1. Is it true that all Phi. maids, including those return home for holiday WITHIN contract period, need to attend the 3-day exam when they are back home? Any exemption?
2. My bun bun told me that she might be required to extend her stay at Phi. for finishing the exam before she would be allowed to return to HK, i.e. she might need to stay at Phi. from 10.4.07 to 12.4.07 (after the public holidays) for the exam, even though she has bought the airticket to HK on 8.4.07. Is it true? If she failed in the exam, does l she need to stay at Phi. until she pass the exam?
3. Will the employer be required to pay any charges relating to the exam?
4. Where can I get the updated information about the new policy? Any website that I can refer to? (Because I don't want to bother you so much!)
By law, can we refuse to accept further changes to her resignation letter. I was going to use her written resignation letter to speed up the process of my new maid's visa.
{By law you can stick to the resignation letter day. But it is only 3 days difference. Anyway, the Immigration Department will only take the resignation letter as a reference date to know that your present maid is leaving soon. It doesn't server much purpose in speeding up the visa release. The most important one is the Release Letter which you have to submit to Immigration to inform them that your maid had already left your house.}
First 3 months of employment contract, the maid cannot take ALL labour holiday with fully paid. Is this correct? Or is she entitled to get all labour holiday paid?
{During first 3 months, she entitled to have NO PAY labour holidays}
mrsrose - thanks ever so much for your reply. Sorry to bother you yet again but I have a big probelm on hand . I have strong suscipion my maid is stealing from me during her last few days as I noticed things are going missing esp my jewellery (although not expensive but has sentimental value). I haven't confronted her yet but want to know, is it worth my time to do a summary dismissal? I don't want the hassle of going to labour tribunal should she file a case against us claiming unlawful dismissal. She might have already removed items out the flat by now but I don't know whether to inform the police to check the rest of her belongings which are still in our flat.
1) Can you tell me what means the yellow paper
{I really don't know what yellow paper is that. Please refer to Philippine Consulate to ask.}
2) {As I am an agent, I do not know what are the things to note under Direct Hire. In the very beginning did you ask Philippine Consulate for approval to do processing yourself (Direct Hire) for your maid before processing the HK Immigration for visa? If you had got the approval, your maid can come to HK herself.}
3)Can I tell she go to HK first until the visa issued?
{No. If she come first, she is under tourist visa and cannot do any work. When her visa is released, she will still have to exit HK (either to Macau or Shenzhen) and come back again in order for her visa to be effective. Moreover, she will have to buy 2 ways air ticket to come as tourist from Philippine to HK, with a valid working visa, she can just buy one way and cheaper too.}
4)need to many exam. in Phi. or new policy is effect for her?
{No need to exam. According to present policy update, she just have to prove her previous Hong Kong experience and apply for exemption from the exam.}
she will take 2 weeks vacation back to Indonesia in April. The money could be deducted from her salary.
{First of all, $15,000 is too much if you ask me, at most I will loan equivalent to one-month of her salary only. Second, even if you want to loan her, do it after she come back from her holiday or else you will never see her and your money anymore. Third about her 2 weeks vacation, in the regulation, her claim for the vacation can only be after the renewing of her 2nd contract. And it can only be taken in between June 07 to June 08. If she took her vacation in April, she will still have to exit HK in the June 07-08 period (either to Macau or Shenzhen) and come back again(because for renewal of contract, HK Immigration will only give 1st year contract visa and grant another year after she had taken her vacation). Waste of time and money.}
a maid, working 10 years under the same employer, chooses not to renew contract and signs a resignation letter, does the employer still needs to pay her long service payment under HK law?
{If she resign, no need to pay long service payment. BUT.....if her reason for resignation is retirement (age 65 or above) or sick (medically certified as permanently unfit) or dies in service, she can claim for the long service payment.}
Do I need to pay OWWA (Overseas Workers Welfare Association)?
{I don't understand your question? Pay OWWA for what matter? By law, all payment/fee pertaining to the maid employment have to be paid by the employer.}
1. Is it true that all Phi. maids, including those return home for holiday WITHIN contract period, need to attend the 3-day exam when they are back home? Any exemption?
{According to present regulation, ex-HK and those with HK experience can apply for exemption from the exam.}
2. {Answer as above. If required, I suggest you or your maid to call Philippine Consulate to ask.}
3. Will the employer be required to pay any charges relating to the exam?
{By law, all payment/fee pertaining to the maid employment have to be paid by the employer.}
4. Where can I get the updated information about the new policy? Any website that I can refer to? (Because I don't want to bother you so much!)
{Even the official government websites do not do the news update frequently. Don't be shy, its no bother to me. I am here to give advice anytime.}
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