Transfer - have to leave helper

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  1. #1

    Join Date
    Oct 2006
    Location
    Hong Kong - moving to Beijing
    Posts
    2

    Transfer - have to leave helper

    I have a question. I am being transferred to Beijing in a few weeks. Because of my job transfer, I will be terminating my helper's contract (anyone looking for a GREAT live-in helper please let me know). She was told by the agency who I used to find her that she has to pay them an additional HKD 3,500 just to terminate the contract. Then, she will have to pay again to use them or another agency? Can this be right?

    All of this is because I'm leaving - it doesn't feel right that she should have to suffer.

    Any advise on early termination requirements?

    Regards,

    Gayle


  2. #2

    Join Date
    Apr 2003
    Posts
    12,385

    Is she indonesian or Filipino (should not matter .. but the indo agencies are another story).

    The contract should be between you and your helper.

    On termination what you owe her are the wages for the notice period (typically one month) and a ticket back home.

    You do not owe the agency. That might be a seperate deal the helper has with them - specially if she is Indonesian.

    Either the helper or the agency is pulling a fast one on you.


  3. #3

    Join Date
    Oct 2006
    Location
    Hong Kong - moving to Beijing
    Posts
    2

    Thanks

    Thank you - I appreciate your advice on my responsibilities. I do trust her, but this is a first for me so I'm trying to cover all of my bases! She's a Filipina and the agency is a local one.


  4. #4

    Join Date
    Apr 2003
    Posts
    12,385

    Then perhaps the agency is trying to tell her that you owe her $3500 (one month's salary).

    She should not owe the agency *anything* as this is a clean termination -- i.e. you're not firing her because you're unsatisfied with her service and need them to give you a replacement.


  5. #5

    Join Date
    Nov 2005
    Location
    Cramped island
    Posts
    3,883

    my understanding of the DH situation is based on singapore rulings.

    the DH pays a certain sum of money to the agencies in their own country to get training and placement out of the country. this sum has to be paid via installment over the first few months of their job here. not sure how much it is. for singapore i think it is like close to 6 months (i.e. DH working for free).

    if the system is similar, then the DH you have terminated would actually have been working for nothing (all given to the agency) and might have owe them money.

    that also depends on how the contract is drawn up between the agency and the DH. i wouldn't be surprised if the DH is at the losing end.