It is better to go through agent for the process - the contract has to be notarized by the Ph Consulate and approved by Immigration. It may not be possible to do without agent for first time comer - training and insurance...
Would like to share my experience. I direct hired a bun bun few months ago by referal. She didn't have to pay any fee. I paid all the agent fee for processing, medical check, air ticket... totalling about 5k. Her cost of coming is minimal or close to zero. It seems that she came here for fun. She told me of heavy workload but she just did the cleansing part. She decided to go back home after 2 months for missing her family. My case is she didn't have to pay and she was not sincere enough to make up her mind to work. She has to adjust the lifestyle here for her as first time comer. Since she didn't have any cost, it is easier for her to drop without making any attempt to try.
I have to same experience to direct hire a girl and she want to go back home after worked for one week. I wonder why employer have to bare the agency cost and the maid no need to pay for any charges. Is there any rules telling the employer is fully responsible for the direct hire cost ?
The cost paid by the employer is the handling charges in respect of the process. The helper does not have to pay because she finds the employer herself, not via the agent and hence the agent cannot charge fee except a small amount handling charges.
You can have an agreement with the helper on the split of cost before hiring her.
My experience was if she didnt pay, she would not think as seriously as she had to pay before she came. For her, there is nothing to lose. Mine went down already and is going to visit Ocean Park and Disneyland this week (what I was told).
未簽約時，我是有同工人解釋大家一人一半手續費才一起到代理處做文件，現在他反口話他是 direct hire no need to pay any and ask me to refund her 。究竟法例有無話 direct hire 是employer responsible or 口頭 confirm to share is valid?
It seems there is no black and white on this as to the amount of agency fee being charged on them, other than the fees stated on the employment contract e.g. consulate charges, visa fee... .
You can tell her to ask the agent to refund. This is the amount of handling fee charged by the agent.
One thing you may have to bear in mind is how she paid you on this. If she paid by deduction in her wage, you may expose yourself to risk or disputes as employers are not allowed to make deduction from the wages except otherwise specify in the Labour Ordinance.
You may argue that you have lent to her and now she repaid.
Nowadays, the helpers know more than us about Labour ordinances and their rights. We need to catch up.
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