My maid wants to leave HK on 19 Oct by reason of contract end, and the agent taught her that her annual leave (10 days only) taken during contract period should be void but all her annual leave taken were notified by her and agreed by her in writing set out in the leave taken record form.
Now she didn't affirm her intention. What should I do? Should I need to pay her 10 days holiday paid ?
Also, should I ask her to specify which date she prefer to leave HK and which city she wants to go back to Indonesia?
If she leaves my home on 18 Oct? Can she use air ticket and fly back to Indonesia on 19 Oct disregard she may wants to fly another employer before leaving, but this is none of business. I just make sure that I am not in breach of the ordinace, law and regulation.
I am not too sure what action the helper took and what agent trying to do but the general principle as follow:
1. If your helper didn't take any AL during her 2 yr contract (14 days for 2 yrs), then, you should pay her off at the end before she leaves OR offset her leave (example, last day Oct 19, you can early release her on Oct 5th but pay her until Oct 19)
2. If your helper took AL during the 2 years, I hope you have record or have her sign off her AL, then, you can use that to calculate how much days off she still has and pay her. If she didn't sign off during the AL, then, you are running the risk she refuse to recognize those time off.
3. For final payment, I would suggest you to do a black and white, and state how much is the final payment you are paying by item, Salary, AL, Air Ticket and have the helper sign off. I am not sure if the agent can help you with that.
Thanks for the reply. As her annual leave taken during the contract period was recorded and signed by her. Would it suffice from the eyes of labour department?
Also, can anyone have the form to be signed by the maid specifying which date she wants to go back and the destination of her return to Indnesia? Just play safe and don't want to fall in trap. Many thanks.
You only buy a ticket according to the contract which stated her origin address. It is your obligation to do.If you renew her contract through agency, the return ticket should be given by the agency. Since the agency fee that you paid is included.
No la. I won't renew the contract with maid. She wants to fly back to Indonesia on 19 Oct, which form should I give her to sign before buying ticket for her ? Worry about that she will change her mind in determining her destination.
If she leave hong kong because of finished contract, you only buy ticket according to the address stated in the contract. To be honest, only if you send her to the departure in the airport, otherwise you don't where she go.
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