I am hiring my Indonesian maid in Singapore (I am now in Singapore), but I will return to HK in December permanently. And I wish to take my Indonesian maid with me. I was told by one agent that I have to do the following:
(1) Terminate the Singapore contract with the maid
(2) Let her return to Indonesia and report to the agent's training centre
(3) It is only until then that the agent will start the process with the Immigration Department in HK on my behalf
(4) The whole process will take about 2 months.
My concern is that the maid will be away from me for too long (2 months!). But I asked both the Indonesian Embassy and the HK Immigration Dept already which both told me that it is not a requirement that the maid returns to Indonesia, she can stay in anywhere (other than HK) once the application has been filed with the HK Immigration Dept. The only requirement is that she cannot be pysically present in HK. As advised by the Indonesian Embassy, I must appoint an agent in HK to handle this thing for me. Can you please advise what I should do and whether your company does something like this for clients as well?
My maid's contract will expire mid december this year and she would like to take early annual leave back to Indo in coming Oct. She said some agents told her it is possible to do so and upon contract renewal all she needs to do is take a 2-3 day trip to china. I made a couple calls to the immigration department and maid agencies, here is what I found:
According to the immigration officer it is stated in clause 13 of the maid's contract the employer must let the maid go back to the country of origin for no less than 7 days upon contract expiration. Thouhg from the immigration point of view when the maid re-enter HK the immigration does not enforce the checking of where the maid gone for holiday and the duration, they will let the maid in base on the work visa stamp on the passport. So if this is what Jokey mean by 'gray area' it is possible to let the maid take a trip to china instead of Indo/Philipine. But the immigration officer kept reminding me if the maid and employer ran into dispute in the future she could sue the employer base on this clause and the employer will be penalized for not honouring the agreement. Any verbal agreement made between the employer and maid are not valid in the eyes of the labour law.
I later called couple of employment agencies, they advise me for protection of the employer it is best to go by the contract.
I think a responsible agent should make this clear to the employers so they understand the pros and cons.
According to the employment contract clause 7(a) "The Employer shall provide the Helper with free passage from his/her* place of origin to Hong Kong and on termination or expiry of this contract, free return passage to his/her* place of origin.".
Why the employer need to pay three ways ticket for the maid?
進進同進進爸永遠係我心肝寶貝,一家三口快快樂樂
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