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Helper vent!

  1. #1
    rani's Avatar
    rani is offline Administrator
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    Helper vent!

    I thought this was strange but I got a call from our ex-helper's employer. She's been working with her new employer for a year and it seems immigration only gave her a 1 year visa and she needs to go home. So the employer called to ask me for her air-ticket home as she's only going to pay for a single return ticket. A month before her contract expired, our helper asked to go home for her son's graduation, so we gave her her annual leave and a round trip ticket. So why would I hv to give her another ticket?
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  2. #2
    Slee is offline Registered User
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    Rani, boy do some people have a nerve. Put your foot down on this one. To qualify for a one year extension the new employer would have had to request permission from the Immigration Dept. Given that they've sought this exemption they should bear the burden of paying for the air ticket both ways. They would have been advised at the time that the helper would have to go back within 12 months so that would have given them notice then that they would have to pay for a return ticket. Therefore, they accepted the burden of this in return for enjoying the immediate services of your helper.

    In any event, it is a contractual provision between you and your helper that you're to provide a one way ticket, therefore only your helper can try to enforce this alleged right. She obviously wasn't going to ask for one after only just going back home. A person outside the contract, e.g. a new employer can't enforce this right. If they manage to make your previous helper seek the ticket fare, then you can counter claim for the cost of the ex gratia return airfare that you weren't legally required to give!

    Even if they thought they had a leg to stand on and tried to enforce their supposed right to a one way fare if they approach Immigration they won't be remotely interested in helping them, especially if you show them some record - credit card statement, receipt from travel agent - showing that you'd given paid leave immediately before the end of the contract.

    Good luck and don't be bullied!

  3. #3
    rani's Avatar
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    I KNOW! I was in shock when she asked me for the ticket. As far as I'm concerned we have fulfilled all of our obligations. And on her last day, my helper signed a document that she has been paid in full, annual leave, ticket etc.

    Word of advice, get your helpers to sign a monthly salary receipt, annual leave etc and protect yourself from future employers.
    Founder of GeoBaby.Com

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    Sandra & Evan is offline Registered User
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    Hi Rani,

    So does that mean we are responsible for 1 round-trip ticket every year, except at the end of the contract we only give them a one-way ticket? Our helper joined us last year and was given 2 visas, 22-07-04 to 22-07-05 and 22-07-05 to 22-07-06. So I need to buy her a round-trip ticket home, leaving before 22 July? Then in the second year, if we don't renew her contract, we just pay her for a one-way ticket upon termination?

    Thanks for any clarification! I just want to make sure we're doing this right.

    Sandra

  5. #5
    rani's Avatar
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    Sandra,

    I don't think the law has changed. Basically a employer is obligated to give a DH 2 one-way tickets. One to enter HK at the commencement of her contract and a return ticket after 2 years home. For DHs who do not go home after 2 years, and renew their contract locally, immigration is only giving them 1 year extension visas. Previous employers have either given these helpers cash in lieu of the ticket or in my case my helper asked for her ticket just before her contract expired.

    Question is who is responsible for the ticket after a year? I would say its the helper and the current employer that would have to bear the cost. And after 2 -years employers are obligated to give the DH a ticket home.

    When I was pricing tickets to the Phill. a one-way ticket was $900 and round trip $1400. Not a big difference. ;-)
    Last edited by rani; 05-04-2005 at 01:35 PM.
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  6. #6
    Seb's Dad is offline Registered User
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    hi rani

    it IS the helper and their current employer who are bound to pay for the flights. we had that situation in our house and of course we paid for the ticket.


    tess

  7. #7
    ariel is offline Registered User
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    Question Terminating before contract expires

    I am terminating my helpers' service before her contract expires and when I asked the labour department whether I should pay her a sinlge or return ticket, they said a "return" ticket. That doesn't sound right, can someone clarify this please?

  8. #8
    hunhun is offline Registered User
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    Quoting directly from the green standard contract:-
    7(a) The Employer shall provide the Helper with free passage from his/her place of origin to Hong Kong and on termination or expiry of this contract, free return passage to his/her place of origin.

    And quoting directly from the Labour department practical guide booklet:-
    Chapter 10 (Q.10.3) Is my employer resposnible for paying my passge back to my place or origin upon termination or expiry of the contract?
    A:-Yes. Upon termination or expiry of the contract, your employer should provide free passage, usually an air-ticket covering airport tax for you to return to your place of origin, and a daily food and travelling allowance.

    Hence, "return passage" means a single journey ticket to the Philippines.

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