Helper last date on 10th Dec, wants to fly on 21st Dec. ticket price is 1800 hk$+900

R

rs2000

Registered User
Hi All,

We gave notice to our helper and her last day is Dec 10th 2011. She said she wants to fly back on 21st Dec which is so close to christmas day and ticket price is 1800hk$ to manilla and 900hks$ for her local fligh. The bus ride is 20 hours to her hometown and I am told by my agent that it would be very difficult for her to get a bus during that time.
Now i am in a dilema, we gave her 1 month notice starting 10th Nov and want to releaser her on 9th Dec (we are also flying out on 9th). now the total ticket cost is coming out to be 2700hk$.
In a normal time, it would be 600-800hk$. what shall I do. Shall I talk to her and convince her to fly on 14th-15th? the flight will be 1300hk$ and she may be able to get a bus to her hometown too.
Legally what I am responsible for. Can she chose the last date in HK (i think she obviously can). Am i Obliged to buy ticket or shall I just pay some money. Not trying to be unfair here but i really dont want to pay extar 1800hk$ here.

Many Thanks!!
 
When My friend released her helper she paid for the air fare back to Manila and not the connecting domestic flight....is that part of the deal? It is common for helpers to take the bus upon reaching Manila.

Anyhow perhaps convincing her to leave earlier would be easiet...some of my friends just give their helpers a Lum sum and have the helpers arrange the airline stuff themselves....I know for a fact that travel agencies in world wide have cheaper prices than the ones we would normally go to. Also, she can always take Cebu air which is much much cheaper....you are not obliged to physically buy the ticket, just obliged to pay for it. The helper is normally given two weeks to look for a job after you release her and then she must leave HK...don't think she can choose when to leave by law.
 
I understand where you're coming from, but I think you will have to pay unless you can both agree to some other arrangement.

Under her DH visa, she will be entitled to stay in HK for 14 days after termination, i.e. until 24 Dec. You cannot force her to go back before this - she has the right to stay.

Under the DH contract, you are obligated to pay for her return passage to her place of origin named in the contract - i.e. a flight to the Philippines and any additional cost for a bus/internal flight etc to her home, regardless of whether it happens to be at a time when it's more expensive to travel. She must take the most direct/reasonable route though, so if there is a reasonable bus journey available, you can request she takes this rather than a (more expensive) internal flight. Of course, it's hard for you to know exactly what travel options are open to her in the Philippines, but you'll have to come to some agreement.

You can either buy her an air ticket or give her enough money to buy it (and, if needed, the bus ticket) herself (make sure you ask her to sign a receipt for what you give her). You also need to pay $100 "travel allowance" per day of travelling (it's supposed to pay for her food & amenities while travelling).

Presumably she wants to stay until 21 Dec so she can look for a new employer.

You could try to come to some other arrangement with her and ask if she'd consider leaving earlier - e.g. Can you help her find a new job now? (Although I guess if you've terminated the contract, then you don't have the best relationship right now.) Can you let her have some time off in the next couple of weeks so she can start looking for a job now and perhaps won't need to stay for so long?
 
I'm going to sound like the Grinch but here goes (as customarily done by any local DH agency upon termination)...

(1) You are not obligated to buy her a ticket for the 21st. You can pick a date within the two weeks, show her the ticket price i.e. print from Cebu Pacific and give her that in lieu of cash. If she doesn't want it, just buy her the ticket and be done with it. If she refuses to take the ticket, it isn't your problem. You are actually NOT obligated to buy it on the day she wants. She can stay during her visa extension but you are not obliged to buy a ticket on a day that doesn't suit you financially. If she decides on a day that she wishes, not yours, she has to pay for the difference. Make sure she signs for it, and you have evidence of payment and ticket prices.

(2) You only need to get her a plane ticket to Manila and pay her extra for bus service instead of an internal flight. That's what the agency did for one helper we terminated.

The 'rules' are always a lot simpler when dealing with an agency regarding any termination. Since we've learnt from a local agency, we've not had any trouble with DH's termination.
 
No, she is entitled to stay for 2 weeks after the termination. You can't just say "you have to leave earlier because it's too expensive". Not Grinch - just not legal. Making her sit on a bus for 20 hours instead of getting a plane is just mean.

The below is taken from here http://www.immd.gov.hk/ehtml/ID(E)969.htm
Travelling by the most direct route will normally mean a journey undertaken by the Helper as expeditiously as possible with no undue delay or deviation en route to the destination. Whether the travelling is regarded as the most direct route will depend on the circumstances of each case e.g. the availability of direct flight or other suitable and convenient transport between two places. An example of a Helper not travelling by the most direct route would be the Helper making a stopover en route for personal reasons.
 
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Would agree that the helper is entitled 2 wks from termination of contract in HK to find a job...

Would however have to say that from experience my helpers that go home for holiday prefer to travel by bus than domestic plane cause (1) it costs more than there flight from HK to Manila, (2) the stop overs give them time to "get off" and move said my helper...her bus ride was 12 hrs. Had offered to pay but she insisted on bus. If you give them a lump sum (a fair amount say 3000 for traveling back) they can utilize it as they see fit.....3000 is plenty you'd think but when I last checked the domestic flights are double those of the international flights....with the money they are guaranteed a flight back to Manila, if they are smart enough they will use it for air to their home town - they will know of the promotions, cheaper flights, believe me they are very resourceful when it comes to using their own money. At the end of the day they might even decide to take the bus in order to pocket the money they can save....hey, there choice !
 
Have to agree with TheQuasimother.

It's unfortunate for you that it's peak season and most tickets are going to be expensive. If I were you, I'd search for a date with an air fare you're comfortable paying and tell her that that's what you're willing to pay and if she wants a different date, she can pay the difference herself. This also guards you against any date changes she may want to make once the ticket has been issued. It's really a compromise and it depends on how understanding she is. As for the 'most direct route' home, I find that the domestic flights are more expensive than the flight from HK. It's crazy. Both my helpers have been happy with getting the bus but one was actually a bit sick when she left HK so we got her a connecting flight to her hometown.

Again, the legalities are all written there but there's always room for discussion. It may also depend on whether the termination / contracted ended on good terms or not.
 
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