when maid wish terminate contract before 2 years up
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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. -
Try google employment of foreign manpower act chapter 91A
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My indo maid just told me that she wants to go home. She spoke to her mother last week and claims that she was told to return. She said her mother did not tell her why, just said to return home. She said that she was not keen but after she had a bad dream last night, she decided to return home.
I have my doubts. -
st2:
Apparently a lot of Indonesian maids ( especially the young ones ) have this tendency to terminate contract prematurely. This is what my agent shared with me. After they earn enough, will go back and enjoy for a period... And when money runs out, they come out to work overseas again.My indo maid just told me that she wants to go home. She spoke to her mother last week and claims that she was told to return. She said her mother did not tell her why, just said to return home. She said that she was not keen but after she had a bad dream last night, she decided to return home.
I have my doubts.
Learnt my lesson well last year. After 1 year, my Indo maid said she wanted to go back. I offered her a rise to match the market rate salary then as the salaries rose after I employed her, on condition that she complete her contract. She agreed. However, subsequently after a few months, she lost interest in work, pretend to be sick, was rude, etc. Eventually, sent her back when she just lie in bed for 5 days, but quickly got up to work if I mention I need to bring her to hospital. It was good we sent her back, cos discovered she was pinching my child, she was underaged and have strong suspicions that she was stealing too!
Looking back, I should have agreed to let her go back when she first brought it up.
Just sharing what agent said and what happened to us. Your maid might have her own reason. All the best! -
st2:
WELCOME TO THE CLUB :rahrah: :rahrah:My indo maid just told me that she wants to go home. She spoke to her mother last week and claims that she was told to return. She said her mother did not tell her why, just said to return home. She said that she was not keen but after she had a bad dream last night, she decided to return home.
I have my doubts. -
http://www.mom.gov.sg/foreign-manpower/passes-visas/work-permit-fdw/before-you-apply/Pages/default.aspx#termination
Termination of services, repatriation and security bond
Termination of services
When you no longer require the services of your FDW, you should ensure that all issues arising from her employment (e.g. outstanding wages, compensation claims) have been settled before cancelling the Work Permit.
Repatriation and security bond
You should give your FDW reasonable notice of her repatriation to her home country and bear the full cost of her repatriation. To ensure that employers bear full responsibility, a security bond must be executed with MOM’s Work Pass Division. Under the bond, employers are required to post a security deposit of $5,000 per FDW in the form of an insurance or banker's guarantee. This deposit may be forfeited if you breach any of the security bond conditions, including failing to repatriate your FDW upon cancellation of her Work Permit. -
I called my agent and she said that many customers have faced this recently. My maid is still doing her work, thank God. She looks sickly, like not enough sleep…she does not have much to do actually.
She started working for me last June, that’s less than a year and she says her mum does not sound right and she has to go home.
Now I have to start all over again with getting a new maid…so sian… -
st2:
It's not surprising that many maids having this problem recently.I called my agent and she said that many customers have faced this recently. My maid is still doing her work, thank God. She looks sickly, like not enough sleep....she does not have much to do actually.
She started working for me last June, that's less than a year and she says her mum does not sound right and she has to go home.
Now I have to start all over again with getting a new maid.....so sian.....
New contracts w.e.f. 2013- maids are entitled to a day off every week, or have to be compensated for working on day off.
How do you think many of the ones who do not have this entitlement feel?
Furthermore, with the shortage of maids, it's very easy to get a new job after they have had a short holiday at home.
And now they are supposed to pay only a small sum to the agents (I don't know if that's what really happening).
So, many are likely to make an excuse to go home, especially if they are not 100% pleased with their employers. -
Yah… all thanks to MOM!
It’s so sick right??!?!?!?. We are held ransom by them and they have nothing to lose.
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