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Thai domestic helper

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  1. #1

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    Thai domestic helper

    I have interviewed a break contract Thai DH . She was referred to me by my part time cleaner who I have had for many years so there is an element of trust in the hire . The problem is the helper wants me to sign her now even though my required start date is in September . Since there will be no work for her to do till September she has agreed that she will not start to receive wages till her start work date in September . I understand in the next few months she will be going back to Thailand .
    Does anyone see any major problem with this arrangement if I have her sign a paper to say she forgoes wages till the start work date .any advice how I can make this arrangement work while reducing my risk . She seems very keen I sign her now rather than proximate to start work date which I originally anticipated . She is otherwise a very good fit for my requirements . It is direct hire no agency . Thanks in advance for any opinion advice

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    Last edited by hongkong7; 10-02-2013 at 07:39 AM.

  2. #2

    If it was me I would hire her now and let her start working or let her go and look for someone else.

    -Her visa arrangement. Your sign her 'now' but in fact she will not be coming to HK until September?
    -Her work insurance. She's under your care the moment you sign her.
    -The fact that she's willing to be 'out of work' for 7 months (feb-sept). Most helpers need to earn money to support their family back home and it's illegal for her to work for other people the moment you sign her.
    -'no pay' arrangement. How will you calculate her gratuity and her end of contract leave? From the moment you sign her or in September?

    So, I would either hire her now and let her start working, or wait until 2-3 months before you really a helper and then start looking for one.


  3. #3

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    Gratuity?.....


  4. #4

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    I actually suggested to her she may like to find employment starting now since she can start earning. For me there is no rush to start someone now .it may be the relatively light workload she will have when she does commence duties makes her anxious to sign now .
    In any case it's her suggestion to do it this way and I don't mind to help her out .
    Perhaps more specifically would a simple signed statement with her signature suffice to protect me from any later claim for unpaid wages if things do go pear shaped ?
    I do not intend to pay gratuity btw

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  5. #5

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    uh, no... it won't... not only that, i believe immigration and the labour dept both would have a difficult time accepting such a situation. she is asking you to break the law. not sure if i would go down this route. sounds way too fishy to me.


  6. #6

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    Yes the more I think about it the more I feel uneasy as it leaves me at risk of claim later at her discretion . If she wasn't introduced by a trusted helper I would never even entertain it .

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  7. #7

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    You have plenty of time to find someone and there are alot of choices too. Even she has been introduced by trusted friend doesn't mean she is going to be right for you. Always review others.

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    carang likes this.

  8. #8

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    You're signing a contract that says she is going to work for you, and you are going to pay her and sponsor her visa.

    She is not going to work for you, and you're not going to pay her.....but she still gets a visa. What about this seems right?

    Yes, it's nice to help people out and the contract will eventually be fulfilled. Try explaining that to immigration, because I don't think it will go over well. Save yourself the possible trouble, and sign her only when both of you are ready.

    Satay Sue likes this.

  9. #9

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    If she is really going back to Thailand but just needs some insurance to get a job so she can return to HK make a contract that starts in September (but you may both sign it now).


  10. #10

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    Quote Originally Posted by hongkong7:
    I have her sign a paper to say she forgoes wages till the start work date
    Sounds highly illegal to me. Helper contracts are government contracts. You can get into BIG trouble.
    carang, Satay Sue and z754103 like this.

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