[Bzee]

Our helper is about to come to the end of her 2-year contract with us. She was planning to renew with us but has said she will not take her 14 days holiday and therefore, does not need an air ticket to Philippines either. Instead, she has requested that we give her the cash instead for the air ticket and a payout for the annual leave. I told her that we will check the policy first to see if we must pay her cash upon her request or if she is supposed to receive the ticket and take the holidays. She got very upset and said she would just not renew with us if we didn't grant her request, whereby, we would have to pay her then anyways.

My question is: do employers have the right to choose whether to give the helper cash in lieu of ticket and annual leave? Is the helper by law required to take the annual leave and plane ticket at the end of a contract and if she doesn't want to, is the employer under obligation to payout?

Another question: once you've paid the 2 years levy tax for signing on a helper and she chooses to leave before completing the two years, can any of the tax money be refunded? Or is it just tough luck for the employer and none of the money can be refunded?

Can anyone help clarify on the above? Thanks so much.

[Avi]

hi,

i'm not sure exactly what the regulations are but call the labour dept at 2717-1771 and they will give you the proper answer or you can visit the website www.labour.gov.hk. it's best you get the accurate info so as to not get in trouble later on. your helper sounds like a toughie so protect yourself. I've heard a lot of stories of helper's from friends and some have turned out to be real nightmares. If you decide to change one, try Millenium Employment Services at 2709-9333 their commission is the cheapest $880. and they are very quick to find people. They kept sending me applicants every day until I had found one and they don't give you a hard time. Good luck to you.

[rani]

Bzee, the law has changed. Helpers have to go home every 2 years. However when you renew her contract there is a new form requesting that she postpone her trip home till next year. So you can give her the money in-lieu of the ticket and next year you are not obligated to pay for her ticket. Don't forget to make her sign that she has received everything due to her. Also, I would suggest to pick up the renewal forms from immigration as I think its written on the forms.