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複式洋房

積分: 371


發表於 04-5-11 15:32 |顯示全部帖子

續約問題

我想續約但有以下問題想問,唔知有無人知呢?

1. 印印七月到期,如果續約,佢想11月返印尼,佢3年無返過印尼,有無限期話佢要幾時之前返一返去呢?
2. 一張contract係包來回機票定係一張機票?如果佢第二個contract返印尼,咁我出一張來回機票係唔係=包


複式洋房

積分: 425


發表於 04-5-11 19:48 |顯示全部帖子

Re: 續約問題

Hi 2002
1)聽閒合約可申請延期一年,待外僱離開香港後;再入境時入境處才批出二年居留權。
2)對,你仲欠她二張機票,如你不再續约,便需要以現金抵償


別墅

積分: 592


發表於 04-5-11 21:28 |顯示全部帖子

Re: 續約問題

[quote]2002 寫道:
我想續約但有以下問題想問,唔知有無人知呢?
1. 印印七月到期,如果續約,佢想11月返印尼,佢3年無返過印尼,有無限期話佢要幾時之前返一返去呢?
**********************************
Answer:
In general, the domestic helper has finished 2-yr contract, she must back to her country not less than 7 days.[Under HK Immigration Rules] But if the employer need the domestic helper start her contract immediately, she will be approved an one-year VISA to stay in HK and she must return her country within the first year of the other 2-yr contract. In your case, this is no problem for her return to Indonesia in November after she has finished first 2-yr contract.

2. 一張contract係包來回機票定係一張機票?如果佢第二個contract返印尼,咁我出一張來回機票係唔係=包


子爵府

積分: 12461


發表於 04-5-12 11:15 |顯示全部帖子

Re: 續約問題

KKParent's answers are correct and precise.

For your Q1, the "deadline" for your Indo DH to take home leave is July 2005.


複式洋房

積分: 371


發表於 04-5-12 12:59 |顯示全部帖子

Re: 續約問題

KKParent

Thank you for your reply, it is clear, but I still have the following question:

係唔係唔駛理佢上一個contract有無返過印尼架?


大宅

積分: 3257


發表於 04-5-12 14:13 |顯示全部帖子

Re: 續約問題

有個問題請教:
續約時工人使唔使再做一次body check?

Thanks!


子爵府

積分: 12461


發表於 04-5-12 14:23 |顯示全部帖子

Re: 續約問題

鷹女黃,

If your is Indo DH, Indo Consulate requires a letter from Doctor that Indo DH is "fit for work".
Some doctors are willing to issue such a letter by just looking at the DH and charging $$, some doctors who are more cautious will ask that the Indo DH take a lab test 1st and read the report and then issue that letter.
HK Imm Dept does not require Doc's letter / lab test.


別墅

積分: 592


發表於 04-5-12 14:29 |顯示全部帖子

Re: 續約問題

2002 寫道:
I still have the following question:
係唔係唔駛理佢上一個contract有無返過印尼架?


I do not really understand your meaning BUT if this answer can help you...

Under HK Immigration Department Rules, the domestic helper must return to her country [or abroad from HK] not less than 7 days after finished 2-yr contract. Some employers will mis-understanding. They think the domestic helper return to her country within the 2-yr contract also work. BUT, I tell you that it does NOT work. HK Immigration dept will NOT count it.

For example:-
<1.> Amy's domestic helper did not take any annual leave during her 2-yr contract. Amy wants to renew the contract with her so she must let her domestic helper return to her country not less than 7 days before start the second 2-yr contract.

<2.> Amy's domestic helper took annual leave and return to her country within her 2-yr contract. Amy wants to renew the contract with her so she MUST let her domestic helper return to her country not less than 7 days before start the second 2-yr contract even her domestic helper returned to her country before.

<3.> Case<2.>...Amy wants her domestic helper start the second 2-yr contract immediately so her domestic helper will get a ONE YEAR VISA first from HK Immigration department. And then her domestic helper must return to her country not less than 7 days in the first year of seond 2-yr contract. Then she will get the SECOND YEAR VISA from HK immigration department.

Hope it will help you.


大宅

積分: 3257


發表於 04-5-12 14:34 |顯示全部帖子

Re: 續約問題

Hi, Bluestar

唔該晒!

我個工人係菲律賓藉,如果咁講應該唔使再做body check俾入境處囉。


複式洋房

積分: 371


發表於 04-5-12 16:29 |顯示全部帖子

Re: 續約問題

KKParent

It is very clear, thank you very mcuh, but how to prove the DH has return to her country [or abroad from HK] not less than 7 days?because we always go to Immigration Department to do the renewal before the old contract end!

Anthother question:

假設7月1日完約,應該幾時去入境處搞?另新contract 日期會不會函接舊contract?定係睇你幾時去搞續約,計入境處批的日期?即係如果我依家搞,六月中搞掂,係唔係新contract六月開始?


複式洋房

積分: 371


發表於 04-5-12 16:33 |顯示全部帖子

Re: 續約問題

Bluestar

好似依家話要早


別墅

積分: 592


發表於 04-5-12 16:43 |顯示全部帖子

Re: 續約問題

2002 寫道:
how to prove the DH has return to her country [or abroad from HK] not less than 7 days?because we always go to Immigration Department to do the renewal before the old contract end!
****************
How to prove????? Whenever your domestic helper leave HongKong, her passport will have a stamp. It can show when does she abroad.
****************

Anthother question:

假設7月1日完約,應該幾時去入境處搞?另新contract 日期會不會函接舊contract?定係睇你幾時去搞續約,計入境處批的日期?即係如果我依家搞,六月中搞掂,係唔係新contract六月開始?

***************
I think it should be process the second contract advance more than one month.
About the start date of second contract, you put the contract period on the contract, right. So, it all depends on your need.


別墅

積分: 862


發表於 04-5-13 15:33 |顯示全部帖子

Re: 續約問題

Hi, KKParent,

When the DH should take the paid vocation before the new contract in my case below?

My maid arrived on 15 August 02. Is the expiry of contract on 14 August 04 or on 15 August 04?

If yes, does she need to leave HK on 1 August and back on 15 August morning? (Totally 14 days: 12 days paid annual leave plus 2 day-off of these two weeks. Is it correct?)

Then, is the new contract starts on 15 August?

In this case, is the paid date (on 15th of each month) no need to stop? That means the last salary payment of old contract is given on 15 August 04 when she come back and the 1st salary payment of new contract on 15 September 04, i.e. finished one month service after back. Please advise if it is correct or not.

Thank you.


別墅

積分: 592


發表於 04-5-13 16:19 |顯示全部帖子

Re: 續約問題

yanyan-fish 寫道:
When the DH should take the paid vocation before the new contract in my case below?

My maid arrived on 15 August 02. Is the expiry of contract on 14 August 04 or on 15 August 04?

**************************
Answer: 14 August 04
**************************

If yes, does she need to leave HK on 1 August and back on 15 August morning? (Totally 14 days: 12 days paid annual leave plus 2 day-off of these two weeks. Is it correct?)
********************************
Answer:
<> Most parents here are misunderstood how to give annual leave to domestic helper. Yes, they have right to take annual leave before the 2-yr contract end. But no one say SHE must leave Hong Kong during her annual leave. They [domestic helper] can stay in HongKong even they are taking annual leave.
<> Under HK labour law, domestic helpers can entilte 14 days after they have finished 2-yr service contract. Some employers will count TWO WEEKs that included Sundays. Some employers will count 14 working days that not included Sundays. It depends on which option you take.
********************************

Then, is the new contract starts on 15 August?
**************************
Answer:
<> Yes, you can do it BUT I suggest you do not make such decision. Under HK Immigration rules, they must return her country after finished 2-yr contract for not less than 7 days even they returned home before. You should renew her contract start on 15+7= 23 August 04. Let her back to her country include 15-22 August 04.
****************************

In this case, is the paid date (on 15th of each month) no need to stop? That means the last salary payment of old contract is given on 15 August 04 when she come back and the 1st salary payment of new contract on 15 September 04, i.e. finished one month service after back. Please advise if it is correct or not.
****************************
Answer:
<> It is because I sugguest you to change the starting date of the second 2-yr contract. So the paid date also need to CHANGE.
*****************************


別墅

積分: 862


發表於 04-5-13 16:31 |顯示全部帖子

Re: 續約問題

ic, thanks your advices. But I want to clarify more as below:

That means, I need to give her paid leave on 15 August and back on 29 August morning. Totally 16 days: 14 paid leave only as her contract finished on 14 August and not yet start the new contract. I, therefore, no need to paid her 2 day-off in these two weeks. Is it correct?

Within this period, she needs to back to Phil according to the policy of Immigration Dept.for getting 2 years working visa, doesn't she?

Then, is her new contract started on 29 August or later when she back, i.e. the new contract starting date?

The new salary date is one month after she back, isn't it?


子爵府

積分: 12461


發表於 04-5-13 17:34 |顯示全部帖子

Re: 續約問題

2002

最慘的就是,似乎近日印尼領事館方面做唔切,但又不肯早些幫僱主預約interview,搞到從印尼領事館取回新約的日期,重遲過個印印的working visa expiry date。
有數個辦法可以一試:
1。 如果你不怕請多一日假,找天帶齊全部文件,親自和印印一起去印尼領事館一趟,告訴那位職員你完全打不通他們的預約電話,求她特別讓你當天 interview。
2。 等多數天,試看今天那位bk媽咪報告HK Immigration Dept 讓她如何可以銜接(her case was: date for collection of stamped new DH contract is later than current DH working visa expiry date).

你如果驚佢回鄉搞大個肚,返到hk check 到都無用(無佢辦法)。倒不如同個印印講,去看醫生取醫生信時,順便打埋避孕針。返來後最多要check 有無生蟲。


別墅

積分: 862


發表於 04-5-13 17:59 |顯示全部帖子

Re: 續約問題

Do Fillipino need medical report for renew working visa in Immigration Dept?


子爵府

積分: 12461


發表於 04-5-13 18:33 |顯示全部帖子

Re: 續約問題

yanyan-fish :

HK Imm Dept does NOT require medical report / letter from Doctor certifying that DH is fit for work for renewing working visa. Go through the list of required documents and you will find it isn't there.


別墅

積分: 592


發表於 04-5-13 20:17 |顯示全部帖子

Re: 續約問題

yanyan-fish 寫道:
I want to clarify more as below:
That means, I need to give her paid leave on 15 August and back on 29 August morning. Totally 16 days: 14 paid leave only as her contract finished on 14 August and not yet start the new contract. I, therefore, no need to paid her 2 day-off in these two weeks. Is it correct?
**********************************
You made me confused. Let's see...
Your domestic helper will finish her contract on 14 August, right. And she has entitle 14 days as her annual leave. You do not care when will she starts the second 2-yr contract. So....
<>Option ONE<>
Let her take annual leave from 15 August - 28 August [total=2 weeks] and 7 days No paid Leave from 29Aug - 4Sep. Then start the second contract on 5th Sep 2004. I know, 5th Sep is Sunday but please do not forget, she only entitle one day leave after 7 days work so you do not need to let her have that day off on 5th Sep 04.
<>Option Two<>
Let her take her annual leave from 8 to 21August [total=2 wks] and 7 days No paid Leave from 22 Aug to 28 Aug. Then start the second contract on 29th August. so .....so....
********************************
Within this period, she needs to back to Phil according to the policy of Immigration Dept.for getting 2 years working visa, doesn't she?
****************
YES
****************

Then, is her new contract started on 29 August or later when she back, i.e. the new contract starting date?
***************
YES
***************

The new salary date is one month after she back, isn't it?
***************
Yes
***************


別墅

積分: 862


發表於 04-5-14 09:11 |顯示全部帖子

Re: 續約問題

KKParent,

Thank you for your reply. Sorry to make you confused.

Why I need to give her 7 days no paid leave? Is it compulsory?

Expiry of contract: 14 August

For option 1:
Can I only let her take annual leave once finished the contract, i.e.from 15 August - 28 August [total=2 weeks] and start the new contract on 29 August immediately?

As I know, I need to pay her these two weeks salary when she back on 29 August even though I paid her the last salary on 15 August. Or I need to pay her the salary of 2-week annual leave in advance/before she leave?

For option 2:
Is it o.k. if I let her take her annual leave from 8 to 21 August [total=2 wks] and then start the second contract on 22th August? I only need to pay her one week salary for the annual leave on 15 to 21 August.

Actually, I do want to know when she needs to back to Philippines by using her 2-week annual leave to get the 2-year working visa from Immigration Dept. I am always confused that how to link her annual leave with the expiry of contract and the starting date of new contract.

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