when maid wish terminate contract before 2 years up

[anggie78]

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!

[godiva]

[[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:

[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.

[godiva]

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 situations may be distinguished from mine.

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.

[KSmom8]

godiva:

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 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.

Yes, I also agree it is unfair to employers.

You might wish to check with your agent or MOM.

[POA Teacher]

godiva:

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 situations may be distinguished from mine.

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.

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.

[godiva]

POA Teacher:

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 situations may be distinguished from mine.

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.

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]
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.

[raynreg]

Try google employment of foreign manpower act chapter 91A

[st2]

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.

[KSmom8]

st2:

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.

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.

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!