Is it me or is this nuts?

would agree with carang on this...if she's willing to sign and write down her last day, then definitely do that! too much hassle it seems to me, and it doesn't appear she's worth any of that problems she's creating.
 
It is not correct that a pregnant employee cannot have her employment terminated. It's just that you cannot terminate with notice or by payment in lieu; she can still be dismissed summarily (without notice or payment in lieu) if circumstances justify it. The difficulty would to be to prove that circumstances justify it if she brings a claim against you in the Labour Tribunal. This article might be of assistance: http://www.mayerbrown.com/publications/article.asp?id=4913&nid=10353.
 
I am almost definitely sure that your helper's child will have no residency rights in Hong Kong UNLESS the child's father is a resident--then there is a possibility. Is her husband either a temporary or permanent resident in Hong Kong? If he is a temporary resident then he can apply for the child to have a visa here. If he is a permanent resident, he can apply for the child to have permanent residency. Otherwise, foreign domestic helpers have literally no way to become residents in this city--a friend who had a long-term Filipina girlfriend told me that even if he married her she still would not be able to get residency because she had come here as a FDH. You need to research this and find out for sure. The HK Gov. is not stupid and they have purposely designed the system to prevent FDH from coming here, getting pregnant and then claiming residency for their children--it's a social welfare nightmare for them in that case.

About the car and all the other ridiculous demands--and the fact that she became pregnant after only working for you for a couple of months....wow. Let me say, that the whole thing that she got pregnant so soon after starting to work for you won't look good for her at all in front of any labour tribunal. I'll tell you why...generally, the rules are that there is a "blackout" period of about 10 months when you sign a new contract with a company--depending on your company. I work for the government in an indirect way and because I happened to give birth to my child when I was only 7 months into a new contract, although I was guaranteed maternity leave (they can't deny you that 10 weeks, by law) I had to take UNPAID maternity leave. This is because I was only 3 months shy of having worked for the company for 10 months when I gave birth. Basically, no one in HK looks favorably upon a woman getting hired in a job and then immediately getting pregnant or worse still (which was my case) getting hired when she is already pregnant. I just happen to have very lenient and understanding bosses--most HK bosses aren't. It's going to look like a total scam on the part of the helper if she takes it before a court. Believe me.
 
It is not correct that a pregnant employee cannot have her employment terminated. It's just that you cannot terminate with notice or by payment in lieu; she can still be dismissed summarily (without notice or payment in lieu) if circumstances justify it. The difficulty would to be to prove that circumstances justify it if she brings a claim against you in the Labour Tribunal. This article might be of assistance: http://www.mayerbrown.com/publications/article.asp?id=4913&nid=10353.

Hmmm. And this also highlights my concern about her resignation - in the Chang v Wyeth case her resignation was considered by the court as equivalent to constructive dismissal by the company given she felt she had no choice.
 
Get her to sign her resignation, with witness. Then pay her the salary you owe her for remaining time and ask her to leave forthwith, like in regular cases. If she officially resigns, it takes the pregnancy out of question, no?
 
Liquorice, I would be very careful also about her offer to resign in 2 months given your initial offer of $23,000 ect, given the character of this helper you have described. I would be surprised if she is genuinely willing to walk away in 2 months time without any bonus ect, so tread carefully. Get some legal advice and document everything with witnesses, the more impartial the better.

Fingers crossed for you this resolves quickly without too many complications.
 
am i missing something?

the helper has already quit (given her notice)... how can she "change her mind"? surely if she has already given notice and quit the employer is no longer under any legal obligation to retain her if she "changes her mind"....

Yes,agree. She is probably using the pregnancy as a reason to leave. No need to involve yourself on the ins and outs of what you should do during pregnancy. The first trimester is the time when you feel the most tired.
The more 'involved' you get, in her situation (and you will never know the complete truth in my opinion) she might see you as someone she could manipulate.
Just accept she wants to leave.
 
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