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Home leave for breaking conrtact

Posted: Fri May 27, 2011 1:50 pm
by miracle72
Hi, would like to know is paid home leave compulsary for them?

My maid been with me for the 5th year, her contract supposed to expire next May. After last contract she went back for 23 days home leave and I paid her fully. Now she want to break the contract as she had found an ang mo employer but only come in July, she said she willing to pay me for breaking contract. As far i understand home leave is for next contract cos if she finished her contract i just need to send her back without any leave, I listed down that she should pay me back the home leave money which she did not work yet get paid, insurance, renewal fee and the owwa paper fees. Thought of paying half for her but will wait till end July then tell her, idiot her told me this morning that she wan go MOM check whether she should pay all these anot, I m damn angry, what do u all think, i m so worked up that i have thought of cancel her permit and send her home, that it.

Re: Home leave for breaking conrtact

Posted: Fri May 27, 2011 3:55 pm
by MrsSeah
Sign... can understand your frustration. :sad: Sometime this type of maid really boil up our blood. You may tell her straight that you have the right not to sign on the transfer letter. You can just send her back straight. Ask her feel free to CHECK with MOM. It is out of goodwill that you are willing to let her go straight to the new employer without occurring more agency fees to come over. She is the one who want to break the contract, yet she dare to demand from you?

You may want to call MOM to check whether what type of money you can get back from the maid. Eg. homeleave etc I believe they can give you a better answer. It better to go thru a proper / legal procedure than getting all the trouble from her later.

Since she had worked for you more than 5 years. Do you want consider the 5 years relationship which she had with you and close 1 eye?

After getting the same problem as you from my ex-maid, now all the new maid, I told them I will not sign on the transfer letter unless they worked for me till end of the contract. So either they go back or if they want to transfer no problem, end of the 2 years conract, I will sign on the transfer form.

Re: Home leave for breaking conrtact

Posted: Fri May 27, 2011 5:01 pm
by miracle72
Thanks for your advice, after my HB talked to her, it seems some sense was being input in her brain and she apologize to me through sms. What i m fed up was she told me her friend told her she is entitle to yearly home leave but she only went back after 2 yrs contract, what the craps is she talking, 23 days she no work yet get full pay is out of goodwill, now ask her vomit back the amount I got bully her meh, i only charge her 16 days only as 7 days i close my eyes n gave her as she finished 1 yr conract with me. Some maid simple dun derserve to be trat good.

Re: Home leave for breaking conrtact

Posted: Wed Jul 06, 2011 9:12 am
by dankhim
Hi, last night my mate told me she may need to go back after family called. She said her sister and mother had gotten a work permit in Hawaii and left her father and husband back in Philippines. They realised that both of them went for drink and never really take care of her daugther. She just been here for the 7th month and just managed to recieved her 1st month pay.
May I know what will the panelty she will be getting if she break the contract now?

Re: Home leave for breaking conrtact

Posted: Wed Jul 06, 2011 9:43 am
by hquek
hi dankhim,

no penalty on the maid. As far as I remember, as long as either side want to terminate contract, employer will have to pay for the flight back - and can get nothing back.

Re: Home leave for breaking conrtact

Posted: Wed Jul 06, 2011 2:42 pm
by dankhim
Thanks Hquek, yeh, we can't do much. But dont think I need to pay for the flight leh.

Re: Home leave for breaking conrtact

Posted: Wed Jul 06, 2011 4:49 pm
by dankhim
LKVM wrote:
dankhim wrote:Thanks Hquek, yeh, we can't do much. But dont think I need to pay for the flight leh.
As per the contract you have to pay :sad:
Wah! Really man. I need to pay even she breaks the contract. :moneyflies:

Re: Home leave for breaking conrtact

Posted: Wed Jul 06, 2011 5:20 pm
by hquek
dankhim wrote:
LKVM wrote:
dankhim wrote:Thanks Hquek, yeh, we can't do much. But dont think I need to pay for the flight leh.
As per the contract you have to pay :sad:
Wah! Really man. I need to pay even she breaks the contract. :moneyflies:
Unfortunately, yes. And please note you can't send her just anywhere in her country - it has to be the airport that is stated in the contract.

Re: Home leave for breaking conrtact

Posted: Wed Jul 06, 2011 11:25 pm
by dankhim
dankhim wrote:Unfortunately, yes. And please note you can't send her just anywhere in her country - it has to be the airport that is stated in the contract.
Thanks. Will get the air ticket but send her by sea then hire cab to deliver to their airport... kidding

Re: Home leave for breaking conrtact

Posted: Tue Jul 12, 2011 9:36 am
by 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