Help Help...Advice on Maid problem...
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Hi eveyone,
Hoping that I can get some good suggestions or advice on what to do..For those with similar encounters, pls pls share your thoughts :)
I sign up a maid package with a maid agency in late Apr. Agency locatedin Kembangan area..quite established i think..I paid $500++ as the package fee.Due to urgency, i got myself a transfer maid at the agent's recomendation.I interviewed her and she agreed to all conditions.The interview was very detailed and she even saw my kids.
The maid's biodata stated that she can take care of kids and do general housewor. She also has a kid of her own aged 2.I have 2 kids and an elderly.But the sole purpose is for my kids and housework. My mum cooks for the family but its too tiring for her to do housework and looks after my 2 kids.
I officially took the maid after 1 week, think on 27 Apr 08 evening and briefed her the timetable.She agreed to eveything. The next day, afternoon, i received a phonecall from my mum at my office that the maid wanted to go home and she's homesick! She claimed that she missed her son. I was pissed..Called the agent and brought her there after work. She said the same thing and insisted to go back. She even refused to serve her notice.She was told to go back and for us to monitor the situation.
Tuesday,29/4/08,I had to take urgent leave because the maid cried early in the morning and refused to work. She insisted to go home. I called agent to counsel her that she still have to serve her 30 days notice as per contract agreement even if she wanted to go back. Agent said that the maid insisted and we could not force her.
I am extremely upset and disappointed that in such cases, the maid has an upper hand. She simply chose and decided not to do anything in the house and not honoring the contractual obligation. The agency is not helping much other than scolding her. True, that we cannot force her to work. But in the first place, she should not have accepted the offer if she is not sure.I furnished a copy of the maid’s employment contract signed by the maid and me as the employer at the agency to the maid and the agent. The contract stated the following:
Part IV: Termination
Para 18 – Either party may terminate this Contract by giving three weeks notice in writing or the equivalent period of wages in lieu of notice.
The maid admitted the breach in contract but refused to pay or serve the 3 weeks notice to us. The agent said that the maid will be transferred to a new employer and I have to bear levy for 21 days until then. Once 21 days is up, the agent will bear responsibility to either repatriate her or pay her levy.
I am really confused coz its like im at the losing end. What sort of compensation can I claim? Can I sue the maid or the agency through Case? Help Help...
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Neo,
How much are you losing ?
Perhaps it's bout time you treat another human being less like a contract slave ?
She has a child, you have children.. put yourself in her shoes.
Yes we understand it's inconvenience you have to go through.
You are dealing with a human being here... and it's never easy to find a good help.
Yes the contract state this and state that.. you as the employer has the ability to be flexible .
You want her to pay you the 3 weeks ? Perhaps it's cheaper for her to just jump down your flat. Will you be happy then ?
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ah jojo ah
but now ish not a question of human nature
the maid wanted to work here, so she came to sg, agreed to everything, without anyone forcing her
but now it's a big waste of money
she definitely knows about contracts and stuffs, and she agreed to everything, and even signed em
if it's you, what would you do?
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Originally posted by gigabyte14:
ah jojo ah
but now ish not a question of human nature
the maid wanted to work here, so she came to sg, agreed to everything, without anyone forcing her
but now it's a big waste of money
she definitely knows about contracts and stuffs, and she agreed to everything, and even signed em
if it's you, what would you do?
Giga, this kind of problem I encountered before.
You cannot judge your maid based on what is written on the file, nor during the interview.
You can only judge her after she starts work and determine if she is the correct "fit" for your family.
I have to let 3 maids go without enforcing the contractual obligation. Yes it is inconvenient during those interim time, but that's how it is, temporary.
We don't know what happened to the maid's previous employer.. and why she was "transfered".
You must also understand that the agencies can be very harsh with those maids too. We don't know if the agency plays a part in co-ercing the maid to agree to her transfer either.
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The trigger might have been your kids.
In the heat of the interview everything is yes yes yes.
When she starts work, your kids sets of her emotions.
Believe me, a mother's emotion can be quite powerful.
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Neo,
May I also remind you that keeping her hostage and forcing her to work against her will, will only endanger the welfare of your own children.
Have you forgotten those cases when the maid threw the children out of the windows ?
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Neofifi.
I will confidently tell you that seeking legal advice in this froum is like asking a turkey for a chicken egg- you'd get something. Just not what you truly need.
I've not come by any competent legal advice in this forum yet.
And as jojobeach says...I'd let her go immediately not wanting to put my family at risk.
If you're willnig to pay for legal advice.. ah..then I thnik we can start some constructive discussions.
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Get a new maid or be humane.
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I do employ maid .
My advice : Sent the maid back to the agent , demand another maid .
It's agent's fault , they promise u everything , but crap they delivered .
Those agents are used to this kind of trouble , give them one more , it's nothing .
Not your fault .
If u did pay $500 upfront , it's alright to do an exchange until ur satisfaction .
At the moment , pay nothing to the agent . Until a new maid has arrived
Just bad luck .
Tell the agent to supply a maid to your satisfaction , or u report it to Case and blacklist them .
They damn scare kena blacklisted .
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don't be threatened by the contract ..... just present those facts to the agent .
The maid cannot work , means cannot work , replacement has to be done .
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I have maids in my house since young but that's not the point.
Maids these days seem very vulnerable. I had countless maids that went off (or even went missin/ran off) after a few days. Some can stay only for 1 day and the next day she's gone. It really surprises me and scares me as I've never encounted anything like this before, back then in the 90s. Those in the 90s and early 20s I really missed them though. They are really good and are able to take hardships.
Back to the problem. I'm not sure bout the compensation, but you could demand them to get another maid for you, and dont pay a single cent. It's ok to do another exchange until you're satisfied. It's the agency's responsibility and it's not your fault but the agency. I have like met 3 maids just in a week. I really dont know bout the compensation though, I'd ask my dad if I could. But for the moment, demand a replacement.
Anyway, I think if the maid has already set the mind to leave, then just let her be. Because if you insisted her to stay, she'd not be able to perform well due to the fact that she's already been determined to leave and hence there's no mood for her to work.
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I think u should talk to the agency and negotiate with them. See if they can come to a solution that is agreeable to you.
Meat Pao.
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Originally posted by bleuwhale:
Neofifi.
I will confidently tell you that seeking legal advice in this froum is like asking a turkey for a chicken egg- you'd get something. Just not what you truly need.
I've not come by any competent legal advice in this forum yet.
And as jojobeach says...I'd let her go immediately not wanting to put my family at risk.
If you're willnig to pay for legal advice.. ah..then I thnik we can start some constructive discussions.
Jio business ar?
Cheers