論盡家傭 今日: 15 | 主題: 133730

積分: 156

41^#

發表於 08-12-9 09:58 |只看該作者

5號庭
女官

原文章由 Abby9528 於 08-12-8 17:42 發表

幾多號庭呀?男官定女官呀?>

私人傳訊

積分: 156

42^#

發表於 08-12-9 10:03 |只看該作者

I have not filed to Small Claim yet.

I filed to Consumer Council and now is preapareing the documents. I have to let ConsumerCouncil know that how bad is this agent. In case they have some public release for employer agentcy, this agent will be black-listed.

原文章由 snoopy888 於 08-12-8 18:03 發表
tk2008,

I want to sue an agency because she didn't provide any service to me but received the full agency fee from me. Would you please let me know what I need to notice as I've already got the regi ...

私人傳訊

YuenShirley

積分: 477

43^#

發表於 08-12-14 01:42 |只看該作者

不好意思,沒上來一段時間,
知道你贏了很替你開心!
Asia-xxx有印尼牌 [會員編號 : 003] ,
你可以寫信去consulate投訴他,
令他下次續牌時會較麻煩

原文章由 tk2008 於 08-12-9 10:03 發表
I have not filed to Small Claim yet.

I filed to Consumer Council and now is preapareing the documents. I have to let ConsumerCouncil know that how bad is this agent. In case they have some public r ...

私人傳訊

積分: 156

44^#

發表於 08-12-15 11:14 |只看該作者

Will file to consultate immediataely.

Thank you for sharing this info.

原文章由 YuenShirley 於 08-12-14 01:42 發表
不好意思,沒上來一段時間,
知道你贏了很替你開心!
Asia-xxx有印尼牌 [會員編號 : 003] ,
你可以寫信去consulate投訴他,
令他下次續牌時會較麻煩

私人傳訊

tinlingyuetka

大宅

積分: 4189

45^#

發表於 08-12-15 11:43 |只看該作者

原來D自炒工人咁大鍋的!
下次D工人若自己話唔做的話~
一定要佢做幾件事!
1. 辭職信
2. 錄片 /錄音(佢突然辭職, 好難錄的~ 係房內你搞店電腦部CAM仔後, 叫佢入房~ 咋咋帝同佢講, 我想你留底呀, 好唔好呀~ 扮野求佢~ 佢一定話唔好的~ 你就話, 咁好, 我收你封辭職信啦~ 因為你係自動辭職, 合約未到期, 所以......)

私人傳訊

積分: 56

46^#

發表於 09-2-23 13:51 |只看該作者

tk2008
我也同你SAME CASE, 工人做了1個月, 自己RESIGE, 有RESIGNATION LETTER. 現在CLAIM 我人工, 代通知金, 假期, 交通,...
(在另一TOPIC:Hi, 我也不幸地被工人告. 3月中便上小額薪酬. 我那個工人從SINGAPORE來, AGENT騙我們她照顧過3個小朋友及可COOKING(因我有1個8Y大女及一對數月大的TWINS, TWINS已有一工人照顧), 但工人一到便說"NO COOKING, NO MARKETING" , 在SINGAPORE只是照顧1個15Y小姐, 那3個小朋友是細太太的, 在另一間屋由婆婆照顧, 她只一星期去一次. 第二天還要我叫醒她. 之後, 知道她在那邊是被FIRED的, AGENT資料說是"FINISHED CONTRACT", 向AGENT投訴, 竟然向我發難"要不你依足法例解僱, 要不好好TRAIN她,..."很憤怒. 但真的要人用, 加上不想付$$. 唉, 只好忍. 但她的HORRIBLE 表現...試過忘記帶水樽, 留下我大女兒在樓下, 自己上樓. 最後到她剛做滿1個月, 她自己話RESIGN, 還要即走, 我對她說這樣她什麼也沒有(我另一工人做INTERPRETER), 她說知道, 還即收拾行李, 我即時DRAFT RESIGN LETTER 叫她抄比我(但由於很早(7:00AM), 我只DRAFT 了很SIMPLE 的). 之後CALL AGENT, 但AGENT 只叫她聽電話, 之後不知向她說了什麼, AGENT只向我說留下她直至我找到新人, 我當時沒有AGREE, 說要跟老公商量, 到此已很明顯AGENT完全沒為我們僱主方面着想. 當時老公返了工, 家中有TWINS要照顧, 沒時間安排她離去. 心想她自己走, 我們不用比任何錢, 真THANKS GOD! 當然不會比她留下 (留下起碼要比2個月人工)但那天老公回家時AGENT已關門, 所以打算明天才叫她走. 當天我還要快快CALL AGENT找新工人, LUCKILY 當天已有一個來見, 我們雙方也覺OK, 第二天這AGENT告知那隻死人頭向那新工人說"我都不在這做, 你來做, 你第日就知."我估她以為自己真的可留下, 我怕她再攪事, 叫她與我一起去街市, 等她沒有防範, 等我老公回來便叫她走. 我罵她為何要這樣同個新工人講, 她覺得沒什麼大不了. 兩星期左右, 我收到LABOUR DEPT來信, 她向我追1個月人工加1個月代通知金, 假期, $100交通費(我已付$100)及$500返原居地費用. 現正DRAFT DEFENCE STATEMENT, 好煩. 想問問怎樣知道那位官IN CHARGE 我的CASE? 我沒有到LABOUR 開會, 會蝕底嗎?(因要照顧TWINS)LABOUR 主任告知AGENT會幫她做証, 我很怒, 那AGENT居然屈我, 想想吓, 可能是個TRAP. 但LABOUR說工人認自己RESIGN並寫了RESIGN LETTER, 不過後來AGENT 的電話後, 太太比她留下, 所以我第二天才叫她走, 就要付她以上各頂. 我們當然氣憤, 但有些有經驗朋友說, 叫我們預了起碼比一個月人工. 你們可比些意見嗎?)

已收到小額薪酬索償仲裁處的信, (我沒有到勞工處開會). 現在PREPARING 答辯書, 在另一TOPIC見常提到"口供紙"是否就是"答辯書". 我要比"答辯書"個工人嗎? 可否抽些時間比些意見嗎?謝謝.

私人傳訊

積分: 156

47^#

發表於 09-2-23 14:22 |只看該作者

001224

I suspected that you are suing the same agent as mine because all the claimable items and amount are the same as my case.

I am “stealing chicken” in the office and I will share more after work.

私人傳訊

積分: 156

48^#

發表於 09-2-23 14:45 |只看該作者

See 小心衰印 (Kusmiyatx) -正在找新僱主 for more detail.

http://forum.baby-kingdom.com/viewthread.php?tid=1903971

私人傳訊

積分: 56

49^#

發表於 09-2-23 14:47 |只看該作者

tk2008

Thanks for your reply. Mine one is in Central, which already on the bad list in BK (I just found out last night). Any suggestions? Anyway, it's really encouraging to know that you win finally.

私人傳訊

積分: 156

50^#

發表於 09-2-23 15:00 |只看該作者

yes. I won.

私人傳訊

積分: 56

51^#

發表於 09-2-23 19:49 |只看該作者

tk2008
can you share your case? I really need some advices.

Many thanks

私人傳訊

積分: 56

52^#

發表於 09-2-24 00:22 |只看該作者

YuenShirley

我是否只需預備好"答辯書", 3天前FAX去仲裁處便可以.
還有什麼要留意?

私人傳訊

積分: 156

53^#

發表於 09-2-24 13:47 |只看該作者

001224, here comes my case.

I received 表格一、二、三和答辯書, then prepared the 答辯書 and listed the incident in details (including: time, date, name and the witness if there was).
I have typed the whole incident (how it happened and all the conversations on the 答辯書.
E.g.
Date: , Time:,,, , Where: ….
I said:…
The maid (her name) said :….

In the 答辯書, do not include any personal comment, e.g. how bad is the maid, just tell the fact and how did you provide her the chance for improvement (e.g. reminder letter you have issued to her. Of course, she should have signed for receipt of the letter).

I have the following evidence to support in my 答辯書:
1) Her resignation letter (which she prepared by herself and written in Indonesian).
2) I issued an acknowledgement letter for receipt of her resignation letter (I have included the Indonesian translation of the content of my letter, because I have to ensure that it is fair to her to understand what I have written). She has signed for receipt of my acknowledgement letter with witness (my apartment security officer)
3) The witness on site when I re-confirmed her intention for resignation.

I have counter-claimed her one month salary in lieu because my point is she should give me either one month notification. Make sure that you have filed this counter-claimed well in advance to 勞工處. One negotiation session must be undertaken at 勞工處 before it passed to 小額薪酬索償仲裁處 for the next handling.
If you have this counter-claim, you may not need to pay anything to the PK maid, instead, she needs to pay you back. The judge will analyze how much the maid needs to pay you back in case the maid loses (e.g. her time, her expense in HK and my counter-claim amount minus her salary).

In your case, she claimed you $500 for travelling expenses from airport to her home. You need to check if there is any website to support how much is it for local transportation. My case, the PK maid claimed me $500 as well. I found the train ticket was at HKD40 (+/-). I printed the price with the currency conversion rate. I presented my findings in the court to support that I would pay only HK$40 instead of HK$500.
This evidence lets the judge felt that my PK maid was really greedy and not honest at all -> then bad impression on my PK maid. (this conclusion should not be included in your 答辯書 as the judge does not like personal judgement). Remember to include your findings on this local transportation and why you do not agree to pay this HK$500.

All evidences must be included in your 答辯書, otherwise, the judge has right to refuse your new evidence or to arrange another new hearing for the new evidence.

We came to the settlement at 仲裁處. In fact, my bottom line is to pay her the salary she has worked for (from my point of view, it is fair to pay her as she has worked) and I also should give her a free passage.
The judge said that the PK maid’s claim is not stand because I can prove that she resigned by her own.
I noticed that she has no money even my counter-claim is stand. I don’t want to waste my valuable time with this PK maid (because I filed the counter-claim too late and 2 files cannot be handled in the first hearing. Therefore, I give up my counter-claim)
I eventually agreed to withdraw the counter-claim. And 仲裁處 has issued the settlement order that I can issue a physical air-ticket for her departure.

The court has put all agreement on paper and sealed.

See:
http://www.labour.gov.hk/public/pdf/mecab/SGMECAB.pdf

私人傳訊

積分: 56

54^#

發表於 09-2-24 14:47 |只看該作者

tk2008

Thanks a lot!
For my case, I just got her resignation letter in English which I drafted for her and is a very simple one, (e.g. I regisn my job from (date) of my own accord.) There is no witness at all.

Here are some questions:
1.For the $500 travelling expenses from airport to her place. Would you please provide me the website? I just got verbal quotation from several Indonesian Agencies. Yet, it's only 2-3 hours travelling distance, so at most it's approx. HK$40-50 for public transportation.

2. Had you attended the meeting in 勞工處? I didn't.

3. Did you pay her the salary finally? (I presume that you didn't give her the final salary when she resigned as she agreed to pay one month notice in lieu)

4. When you fax the "答辯書"?

5. No "口供紙" in this 仲裁處, right?

Many thanks

私人傳訊

積分: 56

55^#

發表於 09-2-24 14:51 |只看該作者

tk2008

Sorry, cannot see the link you've attached.

私人傳訊

積分: 156

56^#

發表於 09-2-24 17:08 |只看該作者

回覆 # 的文章

http://www.labour.gov.hk/public/pdf/mecab/SGMECAB.pdf

copy this to your IE

私人傳訊

積分: 156

57^#

發表於 09-2-24 17:43 |只看該作者

My response:

1.For the $500 travelling expenses from airport to her place. Would you please provide me the website? I just got verbal quotation from several Indonesian Agencies. Yet, it's only 2-3 hours travelling distance, so at most it's approx. HK$40-50 for public transportation.

I have just searched the city of her home and also “transportation”. This give you the result.
What is her city?

2. Had you attended the meeting in 勞工處? I didn't.

Yes. I did. Only after attending the negotiation meeting at Labour department, then the case will be passed to 仲裁處. (this is my understanding).

3. Did you pay her the salary finally? (I presume that you didn't give her the final salary when she resigned as she agreed to pay one month notice in lieu)

Yes. I paid. The amount is very small (only 11 days) in my case. I wanted to give a good impression to the judge, let her know that I am a fair and reasonable person. She should get the pay for her work. One thing too bad is I filed the counter-claim too late. If both files were handled in one hearing, I am sure that she needs to pay me the salary in lieu.
If you consider your own no-pay leave to attend the hearing, you will find that what she will pay back to you is nothing.

4. When you fax the "答辯書"?

Three days (at 5:00 pm) before the hearing.

5. No "口供紙" in this 仲裁處, right?

Only 答辯書 (it is similar to 口供紙)

私人傳訊

積分: 56

58^#

發表於 09-2-24 23:28 |只看該作者

tk2008

1. I'll try to search according to your instruction. Tks

2. I didn't. As some of my friends told me that it doesn't make any different even you attended the meeting in "勞工處".

3. For my case, the PK maid will go to "仲裁處" anyway since she got nothing but only the air-ticket and the $100 transportation allowance from me when she left (1 month salary being deducted by the 1 month notice in lieu). Regarding the counter-claim, I just filled in a form "勞工處勞資關係科" and passed to 勞工處 after I've received the letter from 仲裁處.
Questions:
a. How you file your counter-claim? via 勞工處 or via 仲裁處?

b. In case I insist to wait for my counter-claim, do I need to bring witnesses if any after 1st hearing?

Many thanks.

私人傳訊

積分: 56

59^#

發表於 09-2-25 01:17 |只看該作者

tk2008

I need your help!
I cannot find any information about the transportation from the airport to her place. Can you help?
Airport: Semarang
Her Place: Temanggung

Million thanks!

私人傳訊