Home leave for breaking conrtact

[yanton9]

Just to check,


Is maid expected to pay for the breach in contract?

My grandma’s maid went back on home leave even though her 2 years contract with us is not up (1 year only), and she met some problems with custom (no KTKLN and no money to apply for card) and thus couldnt come back. But the case now seems to be, she doesnt want to come back even though her contract with us is still in place.

Key question is… Is she expected to pay for the breach in contract?

We have never had such problems and this is the second maid we hired for my grandma. Agency is not very helpful as for everything, they would ask us to refer to embassy. The KTKLN fix is also indirectly due to agency’s ill-informed information (they seemed clueless about KTKLN)

[nms1]

kola:

Hi miracle72,


I have the same problem here, I had just renewed my maid contract for another 2yr, she went home and came back, worked for 4 months and now said that she wanted to go home.

I would like to check with you what is the entitlement of the claim? Can we ask her to pay back half the insurance that we had brought for her new contract? Do we have to pay for her flight home this round?

Would like to hear from other who has encounted such problem as well...
TIA

You should be able to get a refund on the unused portion of the insurance - you will lose out slightly but you should get most of it back.

[Breadandmuffins]

Hi! I want to transfer my maid but only at end of contract and also to let her go home leave first. So if she wants to transfer before the end of her contract, she will not get her home leave plus the pay during the leave, is this right?

[nms1]

Grey area I think…the nice thing to do would be to tell her that you will not be renewing and give her the option to either go home or to look for a transfer. If she finds someone before the end of the contract and you are willing to release her and she doesn’t want to take leave before moving to the new employer, then you could give her a bonus as compensation. If she does want to go back then you could pay for her ticket instead. As for the paid leave, maybe again just give her a bonus for spending money.

[carebear]

When I discussed with my maid regarding renewal of contract, I was not aware of the KTKLN issue.

Now that I find the situation rather dicey cos of the KTKLN issue, I am worried that she might not be able to return to work for me.

I have decided that for future maids, there will not be home leave, and if they want to return home, I will not renew the contract.

[nms1]

@carebear - can I suggest that you voice your frustrations to the Indonesian embassy? If all employers take the same stance, the maids are going to suffer. Some of them take a year to pay off their loan which makes it very unfair if they are then sent home with no option to renew even if they want to.

[znzyzyzx]

Breadandmuffins:

Hi! I want to transfer my maid but only at end of contract and also to let her go home leave first. So if she wants to transfer before the end of her contract, she will not get her home leave plus the pay during the leave, is this right?

If you are not renewing her after two years , then there is no need for you to give her any home leave, you just need to pay for her ticket home. But if she can find an employer and you are willing to transfer her, then I suppose you can give her the money for air ticket (if she is not going home before she starts with her new employer.

[michyms]

Breadandmuffins, if she chooses to transfer before end of contract, you are not obliged to even give her home leave or any form of compensation. My contract with maid says that she is given home leave only if she signs another 2 more years of contract.

[carebear]

nms1:

@carebear - can I suggest that you voice your frustrations to the Indonesian embassy? If all employers take the same stance, the maids are going to suffer. Some of them take a year to pay off their loan which makes it very unfair if they are then sent home with no option to renew even if they want to.

I have previously called and emailed them many times regarding the KTKLN issue.
Calls and emails were not answered.

My present maid is very good and she wants to work after her home leave.
I have done my part and it is up to her to do her part (get KTKLN card).

I have spent slightly more tha $600 for her return ticket, insurance and passport renewal, not to mention days off from work (i am a daily rated worker and hence have no pay when i don't work).

Sometimes due to ignorance, procrastination (leading to failure to obtain the card), lack of money etc, she may not be able to return even if she wants to.

I am crossing my fingers and praying hard that she will return.

[LOLMum]

dont think the embassy would give a damn.


everytime mine went on home leave, i would pray and pray but meanwhile, i would also scout around for suitable maid in case of no show.