when maid wish terminate contract before 2 years up

Reply to when maid wish terminate contract before 2 years up on Sun, 16 Feb 2014 13:08:22 GMT

InnocentP — Sun, 16 Feb 2014 13:08:22 GMT

…

Reply to when maid wish terminate contract before 2 years up on Thu, 25 Apr 2013 05:14:20 GMT

Dannyho — Thu, 25 Apr 2013 05:14:20 GMT

pinkybear:
Dannyho:
Hi Godiva & all,

I`m facing the same problem. My 3rd filipino helper(my 1st 2 served all their contracts) only worked for me for 2 months says she misses her family & says she feels like wanting to die if I don`t send her back asap. So most prob I have to send her home without she paying off all her outstanding loan to me. Is there any recourse to get back this loan or we have no choice but to classify it as bad debts???Some more I pay my agent $3000 for all this????

Appreciate all your advice,
Dannyho
Please contact your agent and inform them on this matter. By right your maid should work for you for two years not two months. You need to send her back to your agent to get back your money - the balance of her loan. If you pick a new maid from this agenct, you can use the balance to off set the new maid's loan. Otherwise you can ask the agent to refund the balance. Give many reasons to get back to your money; their maid is not reliable, doesnt want to work two years, etc.

Hi All,

Grateful to all of you for your useful advice. Will get back to my agent & also go through my contract again. But I doubt I can get back my $$$ as I mentioned I have aldy resigned to it (as a bad debt) but will try to pressure my agent to get me a transfer helper.

best regards,
Dannyho

Reply to when maid wish terminate contract before 2 years up on Wed, 24 Apr 2013 21:19:41 GMT

pinkybear — Wed, 24 Apr 2013 21:19:41 GMT

Dannyho:
Hi Godiva & all,

I`m facing the same problem. My 3rd filipino helper(my 1st 2 served all their contracts) only worked for me for 2 months says she misses her family & says she feels like wanting to die if I don`t send her back asap. So most prob I have to send her home without she paying off all her outstanding loan to me. Is there any recourse to get back this loan or we have no choice but to classify it as bad debts???Some more I pay my agent $3000 for all this????

Appreciate all your advice,
Dannyho

Please contact your agent and inform them on this matter. By right your maid should work for you for two years not two months. You need to send her back to your agent to get back your money - the balance of her loan. If you pick a new maid from this agenct, you can use the balance to off set the new maid's loan. Otherwise you can ask the agent to refund the balance. Give many reasons to get back to your money; their maid is not reliable, doesnt want to work two years, etc.

Reply to when maid wish terminate contract before 2 years up on Wed, 24 Apr 2013 16:13:23 GMT

st2 — Wed, 24 Apr 2013 16:13:23 GMT

I remember my last contract signed last June, it states that I have to send the maid back to the agent if she is still on the loan period. I’m not suppose to just send her home. Please check your contract.

Reply to when maid wish terminate contract before 2 years up on Wed, 24 Apr 2013 15:43:59 GMT

POA Teacher — Wed, 24 Apr 2013 15:43:59 GMT

Dannyho:
Hi Godiva & all,

I`m facing the same problem. My 3rd filipino helper(my 1st 2 served all their contracts) only worked for me for 2 months says she misses her family & says she feels like wanting to die if I don`t send her back asap. So most prob I have to send her home without she paying off all her outstanding loan to me. Is there any recourse to get back this loan or we have no choice but to classify it as bad debts???Some more I pay my agent $3000 for all this????

Appreciate all your advice,
Dannyho

I think if you return her to the agent, you should be able to get back the balance of her loan from the agent- either the agents returns the bal to you, or set it off from the replacement maid's loan.
The agent will have to either transfer her to another employer, or send her home.
That's the norm but you should check the contract that you signed with the agent (cos nowadays maybe the contract is different)

Reply to when maid wish terminate contract before 2 years up on Wed, 24 Apr 2013 13:02:11 GMT

godiva — Wed, 24 Apr 2013 13:02:11 GMT

Dannyho:
Hi Godiva & all,

I`m facing the same problem. My 3rd filipino helper(my 1st 2 served all their contracts) only worked for me for 2 months says she misses her family & says she feels like wanting to die if I don`t send her back asap. So most prob I have to send her home without she paying off all her outstanding loan to me. Is there any recourse to get back this loan or we have no choice but to classify it as bad debts???Some more I pay my agent $3000 for all this????

Appreciate all your advice,
Dannyho

Your case sounds serious because she has not paid off her loan. If I were you, I would contact the agent. There should be some recourse for you.

Reply to when maid wish terminate contract before 2 years up on Wed, 24 Apr 2013 10:47:43 GMT

Dannyho — Wed, 24 Apr 2013 10:47:43 GMT

Hi Godiva & all,

Im facing the same problem. My 3rd filipino helper(my 1st 2 served all their contracts) only worked for me for 2 months says she misses her family & says she feels like wanting to die if I dont send her back asap. So most prob I have to send her home without she paying off all her outstanding loan to me. Is there any recourse to get back this loan or we have no choice but to classify it as bad debts???Some more I pay my agent $3000 for all this???

Appreciate all your advice,
Dannyho

Reply to when maid wish terminate contract before 2 years up on Thu, 11 Apr 2013 16:39:06 GMT

st2 — Thu, 11 Apr 2013 16:39:06 GMT

Yah… all thanks to MOM!

It’s so sick right??!?!?!?. We are held ransom by them and they have nothing to lose.

Reply to when maid wish terminate contract before 2 years up on Wed, 10 Apr 2013 22:02:15 GMT

POA Teacher — Wed, 10 Apr 2013 22:02:15 GMT

st2:
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.....

It's not surprising that many maids having this problem recently.
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.

Reply to when maid wish terminate contract before 2 years up on Wed, 10 Apr 2013 16:48:04 GMT

st2 — Wed, 10 Apr 2013 16:48:04 GMT

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…

Reply to when maid wish terminate contract before 2 years up on Wed, 10 Apr 2013 07:21:01 GMT

PapayaDad — Wed, 10 Apr 2013 07:21:01 GMT

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.

Reply to when maid wish terminate contract before 2 years up on Wed, 10 Apr 2013 06:58:08 GMT

godiva — Wed, 10 Apr 2013 06:58:08 GMT

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.

WELCOME TO THE CLUB :rahrah: :rahrah:

Reply to when maid wish terminate contract before 2 years up on Wed, 10 Apr 2013 06:46:13 GMT

KSmom8 — Wed, 10 Apr 2013 06:46:13 GMT

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!

Reply to when maid wish terminate contract before 2 years up on Tue, 09 Apr 2013 17:36:02 GMT

st2 — Tue, 09 Apr 2013 17:36:02 GMT

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.

Reply to when maid wish terminate contract before 2 years up on Sat, 06 Apr 2013 14:59:07 GMT

raynreg — Sat, 06 Apr 2013 14:59:07 GMT

Try google employment of foreign manpower act chapter 91A

Reply to when maid wish terminate contract before 2 years up on Sat, 06 Apr 2013 14:30:28 GMT

godiva — Sat, 06 Apr 2013 14:30:28 GMT

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.

Reply to when maid wish terminate contract before 2 years up on Sat, 06 Apr 2013 13:56:09 GMT

POA Teacher — Sat, 06 Apr 2013 13:56:09 GMT

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.

Reply to when maid wish terminate contract before 2 years up on Sat, 06 Apr 2013 08:01:40 GMT

KSmom8 — Sat, 06 Apr 2013 08:01:40 GMT

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.

Reply to when maid wish terminate contract before 2 years up on Sat, 06 Apr 2013 07:26:25 GMT

godiva — Sat, 06 Apr 2013 07:26:25 GMT

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.

Reply to when maid wish terminate contract before 2 years up on Fri, 05 Apr 2013 13:49:16 GMT

Coolkidsrock2 — Fri, 05 Apr 2013 13:49:16 GMT

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.

Reply to when maid wish terminate contract before 2 years up on Fri, 05 Apr 2013 12:01:28 GMT

godiva — Fri, 05 Apr 2013 12:01:28 GMT

[[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:

Reply to when maid wish terminate contract before 2 years up on Fri, 05 Apr 2013 04:45:20 GMT

anggie78 — Fri, 05 Apr 2013 04:45:20 GMT

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!

Reply to when maid wish terminate contract before 2 years up on Thu, 04 Apr 2013 06:52:53 GMT

PapayaDad — Thu, 04 Apr 2013 06:52:53 GMT

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

Reply to when maid wish terminate contract before 2 years up on Thu, 04 Apr 2013 06:44:17 GMT

Dreamgear — Thu, 04 Apr 2013 06:44:17 GMT

godiva:
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?

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.

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...