when maid wish terminate contract before 2 years up
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this is a case of employer want maid to stay on and fulfil her contractual term but she refuse to do so?
so employer cannot claim back apportionment of agency fee, insurance etc AND need to pay her airfare?
Maybe I just let her run away... :slapshead: -
godiva:
The agency told me its the new regulation (that was in oct last year) - as long as they paid their loan and wish to go back, we have to pay for the fare. Different story if they wish to transfer to another employer.Dreamgear:
Yes no choice at all....mine left after 8 month, right after last deduction from salary....even have to pay for her air ticket....
Why do you have to pay for her air ticket? I tot if 2 years contract not fulfilled, she has to pay own air ticket?
Anyway its like $200 and we saved on the levy for the waiting period should she do a transfer instead....so never bother to make a fuss out of it... -
godiva:
this is a case of employer want maid to stay on and fulfil her contractual term but she refuse to do so?
so employer cannot claim back apportionment of agency fee, insurance etc AND need to pay her airfare?
Maybe I just let her run away... :slapshead:
run away... lose deposit no?? lose lose situation... sigh -
so the total deduction will be eaten up? so if we got an helper to come over even for a day and decide to go back we need to fare the air ticket? this is unreasonable!
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[[quote]color=#BF0000]The agency told me its the new regulation (that was in oct last year) [/color]- as long as they paid their loan and wish to go back, we have to pay for the fare. Different story if they wish to transfer to another employer.[/quote]
So if my contract is before Oct2012, I am not affected by the new regulation? :xedfingers: -
The legal requirement to pay the maid’s air-fare, regardless of whether she had paid up her loan, had been in existent for as long as I had a maid, ie about 8 years. Do not think it had been changed.
In so far as the employer is willing to absorb the loan, the employer can send the maid home even if the loan was not paid up. This is why some maids are being transferred until they pay up their loan and they will leave the country.
Do note that the employer will continue paying the levy as well as the food and lodging ($10-$15 a day) of the maid pending the transfer and this may take 2 weeks to a month, hence it may be better to just buy a ticket to send her off if there is no loan outstanding. -
Coolkidsrock2:
Your situations may be distinguished from mine.The legal requirement to pay the maid's air-fare, regardless of whether she had paid up her loan, had been in existent for as long as I had a maid, ie about 8 years. Do not think it had been changed.
In so far as the employer is willing to absorb the loan, the employer can send the maid home even if the loan was not paid up. This is why some maids are being transferred until they pay up their loan and they will leave the country.
Do note that the employer will continue paying the levy as well as the food and lodging ($10-$15 a day) of the maid pending the transfer and this may take 2 weeks to a month, hence it may be better to just buy a ticket to send her off if there is no loan outstanding.
Your maids were \"unwanted\" as they were of unsound mind and you wanted to terminate their service. Thus you pay for their airfare. That is fair as you initatiated the termination.
However my maid initiated the termination, though we asked her to stay on and finish the contract. The contractual party who breached the contract should bear the \"damages\" - this is trite contract law. -
godiva:
I also remember receiving a written notification from MOM many years ago to inform that it is the employer's responsibility to bear the cost of repatriation back to the maid's home country, regardless of circumstances. I believe that this has been enacted as statue / law.
However my maid initiated the termination, though we asked her to stay on and finish the contract. The contractual party who breached the contract should bear the \"damages\" - this is trite contract law.
Yes, I also agree it is unfair to employers.
You might wish to check with your agent or MOM. -
godiva:
Sorry, fair or not is not relevant here. The MOM says that the employer bears the cost of the airfare. That's it, plain and simple.
Your situations may be distinguished from mine.Coolkidsrock2:
The legal requirement to pay the maid's air-fare, regardless of whether she had paid up her loan, had been in existent for as long as I had a maid, ie about 8 years. Do not think it had been changed.
In so far as the employer is willing to absorb the loan, the employer can send the maid home even if the loan was not paid up. This is why some maids are being transferred until they pay up their loan and they will leave the country.
Do note that the employer will continue paying the levy as well as the food and lodging ($10-$15 a day) of the maid pending the transfer and this may take 2 weeks to a month, hence it may be better to just buy a ticket to send her off if there is no loan outstanding.
Your maids were \"unwanted\" as they were of unsound mind and you wanted to terminate their service. Thus you pay for their airfare. That is fair as you initatiated the termination.
However my maid initiated the termination, though we asked her to stay on and finish the contract. The contractual party who breached the contract should bear the \"damages\" - this is trite contract law. -
POA Teacher:
Sorry, fair or not is not relevant here. The MOM says that the employer bears the cost of the airfare. That's it, plain and simple.[/quote]
Your situations may be distinguished from mine.godiva:
[quote=\"Coolkidsrock2\"]The legal requirement to pay the maid's air-fare, regardless of whether she had paid up her loan, had been in existent for as long as I had a maid, ie about 8 years. Do not think it had been changed.
In so far as the employer is willing to absorb the loan, the employer can send the maid home even if the loan was not paid up. This is why some maids are being transferred until they pay up their loan and they will leave the country.
Do note that the employer will continue paying the levy as well as the food and lodging ($10-$15 a day) of the maid pending the transfer and this may take 2 weeks to a month, hence it may be better to just buy a ticket to send her off if there is no loan outstanding.
Your maids were \"unwanted\" as they were of unsound mind and you wanted to terminate their service. Thus you pay for their airfare. That is fair as you initatiated the termination.
However my maid initiated the termination, though we asked her to stay on and finish the contract. The contractual party who breached the contract should bear the \"damages\" - this is trite contract law.
I hear all your viewpoints.
I checked the MOM website and have been unable to find any \"law\" that employers are legally obliged to bear the airticket of fdw who has breached the contract and request early termination of contract.
To all who claim the MOM say that employer bears the airticket, I will be most obliged if you could point me to the provision or statement by MOM. If it is a mere guideline, then one is only at most guided by the principle on a case by case basis.
I have borne the airtickets in the past - where the contract is terminated at employer's end.
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