A Filipino domestic worker has refused to sign a resignation letter and “voluntarily” terminate her employment contract as she alleges she was in fact fired, and she wants to protect her right to severance pay under Hong Kong law.
Elaine, 32, who had worked in Tai Po in the northern New Territories for 10 months, said her employer fired her but requested a resignation letter, sunwebhk.com reported. If she had signed it, the employer would have been able to skirt the legal responsibility to pay the maid a month’s salary in lieu of notice.
Elaine said she did not accept her employer’s request to resign and would fight for her right to severance pay.
She has moved our of her employer’s home to a shelter for workers whose contracts have been terminated.
Under Hong Kong law, an employer must pay one month’s salary in lieu of notice when terminating an employee’s contract. If an employee resigns, she must compensate the employee with a month’s salary if she wants to leave immediately. Otherwise, she must work for the employee for one more month.
Elaine has the right to file a complaint to the Labor Department.
Exactly what the maid is fighting for. This employer taught that she can easily threatened the maid. Not all employers are clever. Read sometimes what is in the contract.
Good job my co fellow OFW…..we must understand what is written in our contract, crazy employer asking you to resign while employer is the one who terminate your contract he/she wants to avoid to pay what is needed…HELPERS also have right to fight what is the right, God blessed you KABAYAN
What she did is right,I often heard this scenario to some other helper but most of them keep mumb bec.they doesnt want to wait instead they will look for another employer…Good job kabayan
Thats how crazy employers terminate her employee.Force her to sign so she wont paY
Or… Accused her of stealing or abusing her kids. . good thing this filipina know her rights and fight for it. As the saying goes.. THERE IS NO ABUSER IF NOBODY WANTS TO BE ABUSED
Yes! Agree
How about my case? My employer terminated my contract and pass me to her friend which i agreed to because they promise me that they will make a way for me not to go back home anymore ( i don’t want to go back home because you know the expenses when you go back home and apply again) inask her about the one month in liue but she says that she’s is not obliged to pay me because she’s the one who find employer for me
SEVERANCE PAY? SEVERANCE PAY WILL ONLY BE GIVEN TO AN EMPLOYEE WHO FINISHES HER TWO YEARS CONTRACT AND NO LONGER NEEDED BY THE BOSS.
ASIA TIMES DO YOU EVEN EDIT YOUR REPORTS????
SEVERANCE PAY AND A MONTH IN LEU IS DIFFERENT.
But to my fellow kababayan, im proud of you! Fight for your right! Ang dami nang amo na umaabuso at kung d tayo magsasalita paulit ulit nalangangyayari ang ganyan.
you did a good job sister! most of the employer want to scape their obligation, simple as that.
Good job,kabayan!
If employer wants you terminate immediately, she needs to pay 1 month and the numbervof day’s maid have been working and 1 way ticket on her place of origin.. if the maid wants to go down immediately, maid need to pay the employer of 1 month salary but employer must be responsible for her ticket to go back home or place of origin..
agree ako sau sa mga cnabe mo, Kea un mga ibang lahi inaaligha tayo, basahin na lng mga comments ng ating kapwa pilipino cla na rin sumisira sa pgka pilipino
Bakit kabayan cgurado ka ba? Na lahat ng Pinay o Pinay ganyan? na pag Napulot o nakuha nla ang d sa knila ay dna nla ibabalik? kabayan isipin mo pilipino ka.
Some Chinese hired maid just to show that they have one even though they can’t afford nor difficult for them to expense for the salary. Trying hard employer. As if rich but not, can’t even give proper food to their maid. Lucky enough to have a good one
I guest she did read the contract thats why she’s insisting her helper to sign in a resignation letter. Anyway, it’s good to kniw that she knows her right, thats the goid thing about hongkong, everyone have a equal rights.
Parang nakikita ko sarili ko kaylan lang nag away kami ni amo .sabi nia if i dont like my job i can quit.????????????but i said no i will not quit you terminate me hahahah paulit ulit lang kami ng words
many employers keep breaching the law,…i know they knew the rules between employers and employees that stated in the contract. but still they don’t follow the rules, like this case…. but if an employer doesn’t satisfy with her helper’ s services she has right to terminate her but employer should give her maid a one month notice that be signed by both sides or give her a one month salary either of the 2 ways would do. the same way if a helper wished to break her contract with her employer.
Good she knows her right..hope polo n other ngo esp hk govt can help her get what is due to her
do not underestimate ur helper dear employers..
Same here I was also had a same incident my madame want me to sign in a blank paper said that it was just only a warning letter but I refuse to signed and told her that write an statement first then I will sign it..and later I found out that she wants to terminate me because we always arguing..when I was only had a 5 working months remaining she ask me what is my plan if I finished my contract on her I said I still need to work.then she ask if I still want to stay for 2 more then I said it’s up to you.she told that she hired New helper but it backed out her employment and the processing fee she paid will not be refunded in full anymore…so that’s why she decided to retain me but still the same…
#sAktrue
Surely! This maid is telling lies.
Yes.YOU SHOULD FIGHT FOR YOUR RIGTH.luckily Were here in HK.The Law here is fair to all People.. Just like my employer did to me the last time.Though I knew aldready I will end my contract to them once my old kongkong will bring to hospital and die..HE terminate my contract I served to his parents 4 yrs.and 6 months but He just states to my Termination Letter is only 4yrs.and 5 months..Well maybe he though I will not get any amount from them..So I fough and the HK LABOUR is in favor to me…
Wish You good luck kabayan.????????