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大宅

積分: 1583

2019勳章


發表於 04-4-11 21:39 |顯示全部帖子

是否工人自己辭職, 就不用俾長期服務金?

如題。

Thank you!


別墅

積分: 617


發表於 04-4-11 22:19 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

The following is extracted from Website of Labour Department
_______________________________________
................

Chapter 10: Severance Payment and Long Service Payment

Eligibility for Severance Payment and Long Service Payment

An employee is eligible to ….. or long service payment subject to the following conditions :
The employee is dismissed but :
- he is not summarily dismissed due to his serious misconduct
- his dismissal is not by reason of redundancy
Employment contract of a fixed term expires without being renewed *
The employee dies
The employee resigns on ground of ill health
The employee, aged 65 or above, resigns on ground of old age

* If not less than 7 days before the date of dismissal/ expiry of the fixed term contract in case of severance payment, and 7 days before the expiry of the fixed term contract in case of long service payment, the employer has offered in writing to renew the contract of employment or re-engage him under a new contract but the employee has unreasonably refused the offer, the employee is not eligible for the entitlements.

............
_______________________________________

As your maid resigns from the post (she is not fired by you), she is not entitled to Long Service Payment.

To safeguard yourself against being accused of firing her, you should ask her to sign a resignation letter.


大宅

積分: 1583

2019勳章


發表於 04-4-12 19:10 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

thank you meimei45.

I wonder why she will resign 6 months after the renewal of another contract.

Her friends & aunties must have taught her about that.

She should not be so stupid.

Anyway thank you very much.




別墅

積分: 592


發表於 04-4-12 20:58 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

Q: 是否工人自己辭職, 就不用俾長期服務金?
A: Yes, it is. First of all, the domestic helper must continue working for one employer for over 5 years. For example, if the domestic helper's working year is 4.9 yrs, thats mean she does not have qualify to receive 長期服務金.




大宅

積分: 1583

2019勳章


發表於 04-4-12 23:19 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

How about if they work over 5 years,
but resign themselves before the end of the contract?

Do we still have to pay it?


別墅

積分: 592


發表於 04-4-13 12:09 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

clmutter 寫道:
How about if they work over 5 years,
but resign themselves before the end of the contract? Do we still have to pay it?


If the domestic helper resign by her own will, you do NOT need to pay "長期服務金".


別墅

積分: 617


發表於 04-4-13 13:01 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

Anyway, you should , using your camera, record that she resign by her will and must have her resignation letter.


大宅

積分: 1583

2019勳章


發表於 04-4-13 13:18 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

thank you meimei45.

she still claims the long service payment, > 13,000.-
even though she breaks the contract herself.

later she changed to claim 1/2 since all her money has been spent to build a house.

& then she said she will not resign but take holiday to marry and come back after holiday.

so the new problem is how to avoid her being pregnant..

:-( :-(


大宅

積分: 1141


發表於 04-4-13 13:27 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

You can give her holiday at the end of the contract. Don't let her go anyway.


大宅

積分: 1583

2019勳章


發表於 04-4-13 13:50 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

the coming holiday is only for her last contract,
i.e. at the end of the 3rd contract
she didn't go back & requested to hv this
during summer holidays 2004

but suddenly she wants to hv these holidays
earlier, i.e. in June & get marry.

She is catholic & she cannot promise & guarantee
she will not be pregnant afterwards.


大宅

積分: 2119


發表於 04-4-14 12:50 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

clmutter,

你個工人第三個合約幾時屆滿,如果仲有好耐,不如炒鬼左佢啦,炒佢都係補一個月人工,同埋長期服務金都可以畀少啲,但如果唔炒佢,又不幸佢懷孕返來,咁你仲有排煩,除了佢會渣住雞毛唔做嘢外,仲要畀產假佢,同埋一畢足數嘅長期服務金,你考慮吓啦.


大宅

積分: 1583

2019勳章


發表於 04-4-14 13:27 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

sorry, my english typing is much faster.

Her contract will end Dec 05,
so we'll try to persuade her to resign
maybe we'll compensate her with approximate
1month & see if she agrees or not

very troublesome
:-(


大宅

積分: 1583

2019勳章


發表於 04-4-14 13:27 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

sorry, my english typing is much faster.

Her contract will end Dec 05,
so we'll try to persuade her to resign
maybe we'll compensate her with approximate
1month & see if she agrees or not

very troublesome
:-(


大宅

積分: 1583

2019勳章


發表於 04-4-14 13:27 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

sorry, my english typing is much faster.

Her contract will end Dec 05,
so we'll try to persuade her to resign
maybe we'll compensate her with approximate
1month & see if she agrees or not

very troublesome
:-(


大宅

積分: 2413


發表於 04-4-16 00:03 |顯示全部帖子

Re: 是否工人自己辭職, 就不用俾長期服務金?

ballpen 寫道:
clmutter,

你個工人第三個合約幾時屆滿,如果仲有好耐,不如炒鬼左佢啦,炒佢都係補一個月人工,同埋長期服務金都可以畀少啲,但如果唔炒佢,又不幸佢懷孕返來,咁你仲有排煩,除了佢會渣住雞毛唔做嘢外,仲要畀產假佢,同埋一畢足數嘅長期服務金,你考慮吓啦.


小心! 如果工人做第三個約你炒她,她也可去勞工處告你 因為"逃避付長期服務金"而"無理解僱",要求索償. 因她在你那服務年期長,勞資審裁官很大機會判她有理,而僱主一樣要付錢.(我就是這例子.但我真是因工人續了第三個約時,工作態度即轉差才炒她.這其實是她們屈錢的橋.)

還有,如是她自動resign,定要她"親筆"寫resig. letter,別你寫她簽,因為事後她可以說是你逼她簽等.

總之,一個在港工作多年的外傭,她可以有很多蠱惑方法.小心!!!!

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