Like Tree44Likes

Pregnancy clauses in domestic helper contracts?

Closed Thread
Page 2 of 4 FirstFirst 1 2 3 4 LastLast
  1. #11

    Join Date
    Oct 2006
    Location
    Hong Kong
    Posts
    15,557

    I am Indian and a sexual deviant. I however do shower.

    Back to the OP - mate I think the pregnancy clause is illegal.

    shri and JohnHK39 like this.

  2. #12

    Join Date
    Dec 2002
    Location
    薄扶林
    Posts
    47,971
    Sounds like you are an employer who pays lip service to generally accepted anti-discrimination concepts.
    Like any employer, I need as little drama in and out of my workplace. So yes, I'll factor in certain things ... the MOST IMPORTANT is the overall value of the person.... sometimes if they're bringing revenue, super productive, I can deal with drama. But the moment stuff affects other people in the office, becomes a continuous distraction, the value of the person drops.

    You forget ... in the workplace, you're there simply because the employer values you more than you value yourself. You're delivering positively - one way or another to the business.

    A pregnancy in a home, can be very very emotionally disruptive, not just financially and logistically. I don't mean that in a work related way... although that is a factor for a lot of people who hire a helper simply because it allows both the husband and wife to work and make a living to make ends meet.

    Just saying ....

    I'm sure you may not want to hire an Indian developer... but how about if they bought you drinks first and promised to use deodorant and refrain from eating curry for all three meals and where chemically sterilised? At that point, they would probably add more value to your business than drama.

    Just saying .. you've listed the factors that put you off Indian developers. The other person has listed the factors that could potentially put them of certain helpers.

    Eliminate what puts you off and move on ... life is too fucking short to be quixotic about some of these things.
    HK_Katherine and papaya like this.

  3. #13

    Join Date
    Oct 2004
    Location
    Midlevels / USA (MD) / London
    Posts
    2,219
    Quote Originally Posted by pin:
    I am Indian and a sexual deviant. I however do shower.

    Back to the OP - mate I think the pregnancy clause is illegal.
    It does sound like it would be an unenforceable term. I haven't seen the case law but can't imagine you can write into a contract something enforceable that is below what is required by law (i.e. salary, housing, health insurance).

  4. #14

    Join Date
    Oct 2006
    Location
    Hong Kong
    Posts
    15,557
    Quote Originally Posted by penguinsix:
    It does sound like it would be an unenforceable term. I haven't seen the case law but can't imagine you can write into a contract something enforceable that is below what is required by law (i.e. salary, housing, health insurance).
    Yes, sorry, not illegal, but unenforceable.

  5. #15

    Join Date
    Dec 2002
    Location
    薄扶林
    Posts
    47,971

    pin - it may also be "illegal". I've got do dig up some email exchanges with the Equal Opportunities Commission, where we posed a question to them on behalf of someone on GeoBaby.


  6. #16

    Join Date
    Oct 2006
    Location
    Sarcasm - because beating the crap out of people is illegal
    Posts
    14,622
    Any term of an employment contract which purports to extinguish or reduce any right, benefit or protection conferred upon the employee by the EO or the MWO shall be void.
    Just saying...
    shri and wtbhotia like this.

  7. #17

    Join Date
    Jun 2004
    Location
    HK
    Posts
    14,624
    Quote Originally Posted by iliketurtles:
    Similarly, NO ONE has a basic right to "have kids". You ought only to have kids if you can sensibly afford them.
    Nevermind, let's not have the same debate over and over again.
    Last edited by Mat; 12-09-2014 at 11:17 AM.

  8. #18

    Join Date
    Aug 2005
    Location
    Clear Water Bay (In Da Jungle)
    Posts
    9,968
    Quote Originally Posted by penguinsix:
    A colleague mentioned that they wanted to get a pregnancy clause put into a domestic helper's contract that said the DH would not get pregnant or would not require the employer to pay for the medical bills.
    Computer said NO

    My SIL wanted to get her DH fitted with a medical device in her arm that prevents pregnancy, I was like WTF, seriously, you people are bonkers is what I told my MRS.

    Silent treatment recd was wonderful. Peace and quiet
    gunsnroses, shri, Editor and 2 others like this.

  9. #19

    Join Date
    Dec 2009
    Posts
    7,471

    Thread with DH in the thread = guaranteed carnage.

    I am thinking what we really need is a thread which seamlessly links domestic helpers, mainlanders and locals, and their respective commute times from DB to the California Fitness in central.

    TaD_LaLa, Mat, jgl and 2 others like this.

  10. #20

    Join Date
    Sep 2012
    Posts
    384

    People really shouldn't use euphamisms like 'helper'...

    kimwy66 and TheBrit like this.