Housemaid breaking contract
What is the contractual obligation if a maid who has been sponsored and worked for two years has signed another two year contract decides she wants to go back to the Philippines.
Our maid had her vacation and went back home for a hioliday - the return flight paid. She has been from her holidays for 1 month and now decides she want to cancel her contract and go back home. She requested that she wanted to move out of our house and move in with her boyfriend which we said we would not allow her as it is illegal. So now she wants to move back to the Philippines, so she can get her previous marriage annulled and then come back on a married status.
Hope someone can give us some advice.
Thanks
Thanks drsam, but we brought her in ourselves, with the help of an agency in Philippines... so there is no agency here involved.
If she wants to discontinue with her contract, cancel her visa & if the contract states that she breach her contract, you no longer have any obligations towards her anymore.
u have to contact the worker agency that provided you the housemaid: housemaid contract are different from normal employees contract, and the 1994 labor law doesn't apply on housemaid:
Article 3 (of the 1994 labor law)
Except as otherwise provided for in any other law the provisions of this law shall not apply to the following categories:
4. The persons employed in domestic employment such as drivers, nurses, cooks, gardeners and similar workers.
If she has decided to leave within one one month of her coming back from her holidays, probably you cannot do much since she has resigned from her job with you. You just have to pay for her return flight. This is my understanding since if today I resign from my job, my employer has to pay for my return fare. However, there might be some clause regarding duration between coming back from holidays and resignation which may save you from payment of fare. Better check with labour department.