Domestic Helper finishing her contract + process moving forward?

[mummymoo]

The thing is, there is a difference between what they are "legally entitled to" and what they "can get away with". Yes, they COULD go to Macau and it wouldn't really be picked up on - but they SHOULD be entitled to go back home for 2 weeks.

The thing is, helpers at the end of their contract have already obtained their legal entitlement, i.e. they have left the ex employer with a one way ticket back home (in cash), they have been paid for their entitled vacation leave, so the way I see it is the helper prefers to be paid out for their 2 weeks off (by ex employer) and forgo their vacation leave within the first year of contract, then I don't think anything illegal is occurring if immigration allows helpers to renew their visa by traveling to Macau. It s a different story if the employer PREVENTS the helper from taking unpaid vacation leave in the first year.

 

[carang]

mummymoo, while i agree with your reasoning, it is still a REQUIREMENT that they travel to their home country within the first year.

again, straight from the immig officers' mouths....

 

[mummymoo]

Carang, I agree with you entirely but it's strange that helpers can renew their visa by going to Macau. I don't know but surely it would be relatively easy to enable the visa ONLY to be renewed once the helper returns to their own country vs anywhere else electronically?

That way no one would accidentally fall foul of the law.....

 

[Gracey]

There may be various work-arounds that people use. But the law is straightforward -- your helper must be allowed to visit home sometime during her first 12 months of employment. If there's a gap between employers, she can take this vacation before she technically starts with you. (Her employment contract starts, say, Dec 1, but she starts work in your home Dec 15, with those first two weeks as an advance holiday).

Our helper started work two summers ago (2011) when I was heavily pregnant. We made sure that she could get home for two weeks the following summer (2012), when the baby was almost a year old.

As we are planning maybe another child, I'm going to let her take her 2013 holiday early, during this Christmas, which she is happy about. I'm doing this in anticipation that I may be pregnant again by next summer, and it will be inconvenient to let her go.