吹水玩樂

時事理財

由家出發

媽媽天地

育兒教養

情報分享

意見反饋

聯絡管理員

我的中心

Baby Kingdom - 親子王國香港討論區 › 首頁 › 論盡家傭› my maid claim me for labour issues - please help

論盡家傭今日: 2|主題: 134076

收藏本版

發帖

返回列表

跳至頁

查看: 1731 | 回覆: 7

my maid claim me for labour issues - please help [複製鏈接]

cedriciu

複式洋房

積分: 332

1^#

發表於 08-6-26 11:43 |只看該作者 |倒序瀏覽 |打印

I saw many advice on BK website. Could anyone please kindly help me.

My indonesian maid did not wish to work for me when she finishes her 3 rd contract with me in Nov 2008, so we agree to find a maid to replace her then release her earlier. In June 2008, I found a Philipinne maid and sort everything with the old maid - paid her long service (for 5.5 years) and ticket and one month's notice (3400) through bank transaction. Later I learnt that she had not departed from HK and claim me the following:

(a) Annual leave wages (for each contract I send her home and paid her full one month wage - with bank statment proof for the 2nd contract but not the 1st one due to a long time ago in 2004)

(b) Rest days wages - she takes leave every sunday - but no record for her leave as the law did not require so

(c) public holidays (12 days) - she also takes them too, but no record for the same reason at (b)

(d) ticket - I got proof with the ticket company and

(e) one month notice fee - proof from bank

I have trust with this maid and treated her as my family member, but she back fired me and caused me trouble while I am a working mother with a baby of less than two years old. Could you please kindly advise course of action to rebut her claims, please ?

Has anyone ever win the case after hearing at labour tribunal? please kindly advice.

Mrs. YIU

0 0 0

私人傳訊

pollyw

侯爵府

積分: 24035

好媽媽勳章大廚勳章

2^#

發表於 08-6-26 12:06 |只看該作者

原文章由 cedriciu 於 08-6-26 11:43 發表
I saw many advice on BK website. Could anyone please kindly help me.

My indonesian maid did not wish to work for me when she finishes her 3 rd contract with me in Nov 2008, so we agree to find a mai ...

Annual Leave pay: If she did go bank home on completion of every contract, and that you youprovided the ticket to her, I think you can ask the travelling agent you dealt with to provide you a written record of the date of flight depating and arriving HK. This also proves the duration during which she took her annual leave. As for bank staement to show the monthly wages in 2004, you can ask your bank to re-issue bank statement back then and it involves sum small amount of fee (say $50, I guess).

Rest Days and stat holidays: I've been to the Labour Tribuanal when my maid claimed me for similar things. The Judge asked me to provide a witness who is the security guard of your tower (or even two of them, one for day shift and another for night shift) to evidence that he normally sees your maid going out and in on Sundays and Statutory Hoidays. I think this is ridiculous but the judges usu make such requests as effective proof on employers' side.

FOr others that involve bank statement as proof, again, just papply from your bank your past bank statements.

I hope this can help!!

私人傳訊

preciousstone

大宅

積分: 1325

3^#

發表於 08-6-26 13:28 |只看該作者

Was she resigned? or your fire her? If she resigned, then you don't have to pay the long service payment.

私人傳訊

火柴box

別墅

積分: 564

4^#

發表於 08-6-26 14:35 |只看該作者

yes, if she resigned by her own, then no need to pay her long service ga wor

原文章由 preciousstone 於 08-6-26 13:28 發表
Was she resigned? or your fire her? If she resigned, then you don't have to pay the long service payment.

私人傳訊

mrscow

大宅

積分: 1838

5^#

發表於 08-6-26 14:54 |只看該作者

咁都得, 我個工人就快到, 咁係咪要佢簽放假紙?

「教養孩童，使他走當行的道，就是到老他也不偏离」（箴22：6）

私人傳訊

flyingmom

大宅

積分: 2652

6^#

發表於 08-6-26 16:28 |只看該作者

2008年1月13日起僱主必須保存有關資料12个月.

原文章由 mrscow 於 08-6-26 14:54 發表
咁都得, 我個工人就快到, 咁係咪要佢簽放假紙?

私人傳訊

mrscow

大宅

積分: 1838

7^#

發表於 08-6-27 10:32 |只看該作者

咁叫佢簽的時候, 要唔要找witness?

「教養孩童，使他走當行的道，就是到老他也不偏离」（箴22：6）

私人傳訊

cedriciu

複式洋房

積分: 332

8^#

發表於 08-6-27 10:47 |只看該作者

Any reference on this point, please?

原文章由 flyingmom 於 08-6-26 16:28 發表
2008年1月13日起僱主必須保存有關資料12个月.

Hi,

This is a good point from you which I had no previous knowledge of. Are you saying by law, employer needs to keep leave record for maids for the past 12 months?
Please direct me to the website on this, many thanks.
Mrs. YIU