Helper requested emergency leave

Posted by meijiro (94 days ago)

My helpers mother died and she requested an emergency leave. She's with us for just under two years. She's also asking for an advance loan.

1. I know that I am responsible for the air tickets when she completed her contract with us. In this case, who should be shoudering the cost of the tickets?

2. I am prepared to advance a month salary to her but a friend of mine told me that the employer can only deduct around HKD300 each month from her salary. She's only have 4 months to go till contract completion.

3. My helper also mentioned that she needs to obtain OEC before leaving HK. What is an OEC?

Greatly appreciated if someone can throw some light to these matters. Thanks.

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Posted by axptguy38 (94 days ago)

"1. I know that I am responsible for the air tickets when she completed her contract with us. In this case, who should be shoudering the cost of the tickets?"

As I understand it, it is her responsibility. However if our helper's mother died, we would pay her ticket home without hesitation (over her protests). It all depends on the relationship you have with your helper.

"2. I am prepared to advance a month salary to her but a friend of mine told me that the employer can only deduct around HKD300 each month from her salary. She's only have 4 months to go till contract completion."

I believe your friend is correct. Then again, I see a possible loophole. You can pay her the full amount, and she can pay you back.

Posted by F355 (93 days ago)

you are sure the mother is dead? maybe she just want to make a paid run.

Posted by spurs (93 days ago)

We would also absolutely pay her flights home, jump on cebu pacific and philipine airlines websites, you should get a great deal on a flight. Also, if you pay for her flights, not are you doing the decent thing, she may not need to borrow so much / any money.

Posted by axptguy38 (93 days ago)

"you are sure the mother is dead? maybe she just want to make a paid run."

Interesting point. I guess it depends on how much meijiro trusts the helper.

Posted by MayC (93 days ago)

I think you're not responsible for her flight home until the end of the contract and your friend is correct, you can only deduct HK$300 off her salary each month. However, as you say, you are only "advancing" her salary, right? So isn't it rightfully hers and it isn't really a "loan"? She's just asking for an earlier pay. I would help her out with the air ticket. I think a return journey via Cebu pacific is under 1k.

Posted by cc77 (93 days ago)

F355

read most of your replies from another threads and you're quite a paranoid. quite scary to have an employer like you.....though you made a point there, the death of a family member isn't a common excuse for everyone just to run away from something or someone.

Posted by xmauix (93 days ago)

you are sure the mother is dead? maybe she just want to make a paid run.

--- OMG F355, who can give such a lame excuse??? F355, can you tell your boss that your mother died when you need to take a leave and have to take advance pay? C'mmon be sensible for goodness sake.. how old are you, 10? :D

Posted by xmauix (93 days ago)

1. I know that I am responsible for the air tickets when she completed her contract with us. In this case, who should be shoudering the cost of the tickets?

-- same as axptguy38, when something like this occurs, if you can afford to shoulder her ticket, it'll be a great help. I would pay for her ticket and back if something bad like this happens to my helper's family.

2. I am prepared to advance a month salary to her but a friend of mine told me that the employer can only deduct around HKD300 each month from her salary. She's only have 4 months to go till contract completion.

---- Yes, your friend's correct. Though she only has 4 months to go till contract completion, have you talked about renewing her contract with you? Since the helper's salary is not such a big amount, deducting too much would be a big thing for them. Depending on your relationship, you can lend her some money. It's all about trust I must say :)

3. My helper also mentioned that she needs to obtain OEC before leaving HK. What is an OEC?

I believe this OEC is Overseas Employment Contract - question is, why does she need to obtain this when she has a copy of the contract signed by you both? You may call up Philippine Consulate to check on this. 2823 8535 or you may visit their webiste http://www.philcongen-hk.com/

Posted by ldsllvn (93 days ago)

i was just thinking exactly the same - F355 - you are either writing your responces - i seem to remember quite a few nasty ones from you by now - to either wind everyone up and you really dont meant them. Or, if you mean them, my, oh, my - your poor helper!!!

Posted by beancurd (93 days ago)

Before leaving Hk, the DH has to go to the Phil. Consulate to get this OEC. The DH can also get this from Phils. but it is too troublesome because she has to wait for long time in the POEA and it is more expensive for the charges. This is what I know that is going on for years.

Meanwhile, regarding the ticket, actually it is between you and your helper's agreement that this is her early exit. If you want to recontract her and if she agreed, then when you have your next contract to submit to the Immigration, you can explain the situation. However, if you will not recontract her, you can make an agreement with her that this is her one way ticket back home and put it in writing. And of course, the return ticket is up to her. I believe, she can arrange everything for herself.

Actually, everything is negotiable between you and your helper. If you feel sorry for the death of her mother, then you can grant the one month salary loan. Now, if you do not trust her, then this is the big question. For nearly 2 years working with you, you have idea what kind of person she is. It is taking the risk to give loan to your DH. If I give loan to friends, It means I am willing to take the risk and I make sure I can afford to take the risk.

Posted by Snow Rose (93 days ago)

The airfare is her responsibility. You may choose to be kind and either give her a ticket as a gift or lend her the money to buy one. If the latter you can deduct a certain amount from her salary for the next 4 months so she's paid it all back before the contract is completed.

I don't know much about the OEC thing. When my DH was in the same situation, I was not aware of her having to go through any kind of procedure. Maybe she did it and I just didn't know?

The amount $300 has been mentioned, but according to the Guidebook for the Employment of Domestic Helpers from Abroad, $300 is the max you can deduct is the helper has lost or damaged your goods or property. It states: "deductions for the recovery of any advance of wages are subject to a maximum of one quarter of the wage payable for that wage period". So that would be something like $700-800 per month approx, and the $300-limit does not apply to this. Therefore she should easily be able to pay you back for the ticket.

I have heard that, sadly, some helpers do use this kind of excuse to do a runner, after borrowing the employer's money. I know my own helper brought back a copy of her brother's death certificate when she went home for his funeral! It depends on how much you trust your helper. If necessary, you could let her pay for her ticket up front and then reimburse her on her return, if you were thinking of making a gift of the ticket, that is. This method would at least encourage her to come back!

Posted by meijiro (92 days ago)

Thanks for the feedbacks. I decided to recontract her, paid for the return tickets and advanced a month salary to her.

To be honest, I wasn't comfortable with a loan as I don't intend to get involved with my helper's personnel finance. Guess this is an emergency and I will take the risk.

Posted by xmauix (91 days ago)

That's good to know. I believe if you trust your helper, she'll be the same :) Hope everything goes well with you both.