2023-06-03 15:31:04
What should the employer do if the foreign domestic helper falls ill following joining the company? Some Hong Kong mothers pointed out that the foreign helper has been working for less than a month, and recently found that her neck is swollen. After seeking medical treatment, she suspected of having lymphoma. She bluntly said that the foreign helper has just entered the house, and they don’t have a deep relationship with each other, so she doesn’t want to spend extra effort to treat each other, but she is worried that dismissing the other will break the law, and she will be sued by the worker’s sister.
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This netizen posted an article on “Parent-Child Kingdom”, pointing out that the foreign helper originally worked in a relative’s home, and his work performance was highly appreciated. It happened that the relative was going to immigrate, and he needed a worker’s sister to take care of the children, so he took over and hired the foreign helper to move into the house.
She said that the worker’s elder sister had experience before entering the job and found no abnormalities. However, following more than a week following entering the job, the other party found that her neck was swollen. The victim suggested that she seek medical treatment, but the other party thought the situation was not serious at the time, so she refused. suggestion. Until last week, the domestic helper felt that the swelling in her neck was getting worse, so the owner took her to a government clinic for medical treatment. Unexpectedly, the doctor suspected that the worker’s sister had lymphoma following examination, so he wrote a referral letter asking her to go to the hospital for examination.
Don’t want to spend effort to treat foreign domestic helpers
The victim described that he felt distraught when he received the referral letter. He never thought that the foreign helper would get sick when he first joined the job. He deliberately concealed it, but he didn’t know it. Unexpectedly, following going to the government clinic for a day, I received a call from the government clinic, asking the workers to come back next week for multiple blood tests, and the doctor should look more clearly.”
However, the victim made it clear that he did not want to spend extra money and energy on medical treatment and care for the domestic helper.
“If I want to treat him, I really don’t want to. Not only because of money, if it is really a tumor, it will be a lot of psychological pressure for our family. My sister spends too much time at our house. It’s short, I don’t have any deep feelings or gratitude for him, I really can’t do it if I don’t have Lala to treat someone who is not relatives or friends, and I have been with him for less than a month.”
fear of being sued following being fired
She consulted friends, intermediary companies and the Labor Department for their opinions on this. The friend suggested that she immediately use other reasons to dismiss the foreign helper. The Labor Department pointed out that the current foreign helper does not have a sick leave certificate or a diagnosis certificate, and there is no legal responsibility even if she is dismissed. However, the intermediary company advised her to wait for the doctor’s opinion before making a decision, because the government outpatient clinic had already issued a referral letter, and no matter what reason the client fired, she would have the opportunity to be sued by the worker’s sister.
Due to the different opinions of the three parties, she and her husband have always been worried that they will be sued by the other party for dismissing the workers, so they have not been able to make a decision.
“My friends told us that we were stupid, so we shouldn’t wait any longer. We won’t be able to fire him until his diagnosis is confirmed. What can we do to protect my family? Now, in this situation, if we want to fire him, the agent You can sue us even if you talk regarding workers? Are there legal risks?”
Netizen: Persuading my sister to resign
Some netizens offered their opinions to the victim. Many people sympathized with the victim’s situation, but they reminded that dismissing the foreign helper would be legally risky. They suggested that she persuade the worker to leave the job and return to his hometown to recuperate, and give him an additional allowance for medical expenses, so that both parties can get along well together. San, “I will give her another month’s work, and persuade her to resign, and return to her hometown is the best choice”, “My colleague worked as a Filipino maid for two months, and was diagnosed with breast cancer. My colleague gave her 20,000 yuan, which is called When he returns to his hometown, he can be accompanied by his family to take care of him.” “I would rather give him some money to make him feel better when he returns.”
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The victim later responded that he would try to communicate with the domestic helper and persuade her to leave the job voluntarily, but he was worried that the other party would refuse or agree and then retort, “We will all talk to him first. If he really wants to stay in Hong Kong as a doctor, we will We don’t have the ability to get him into a private (doctor), so we can only wait for the government to wait. If it takes too long, we can’t help him if there is any problem with his body.”
Dismissal is illegal unless incapacitated
Yung Ma Shaner, chairman of the Hong Kong Domestic Helpers Employers Association, pointed out in an interview with the “Sky Post” that if a foreign helper suddenly falls ill while in Hong Kong, according to the current law, unless the doctor proves that he is incapacitated, the employer cannot propose dismissal during the sick leave. “Doctors generally do not issue relevant certificates. Even in serious cases, they will only write “currently lost (ability to work)”, which is not permanent, so it is not eligible for dismissal.” If the employer dismisses him on the grounds of illness, even more Opportunities are considered to discriminate once morest patients.
It is recommended to take sick leave without pay according to the law
If the foreign helper is diagnosed with cancer, Mrs. Yung suggested that the employer should arrange for the foreign helper to see a doctor, and allow the foreign helper to take sick leave to receive treatment according to the labor law. The foreign helper can accumulate 2 days for every month of service in the first year Paid sick leave, four-fifths of sickness allowance for daily sick leave, and when the domestic helper’s sick leave is exhausted, he can apply for unpaid leave. Don’t ask her to do any work that day.”
Mrs. Rong pointed out that the cases of foreign helpers getting sick soon following arrival happened from time to time, the main reason is that many employers did not give them a medical check-up when hiring foreign helpers. Employers will worry regarding being snatched away and rush to hire.”
She pointed out that some agencies would claim that the health report of the foreign helper’s place of residence would be “falsified” and “without reference value”. It is suggested that the agency arrange the medical examination following the foreign helper comes to Hong Kong, but in fact, as long as the foreign helper enters Hong Kong, the employment contract Even if there are problems found in the medical examination, the employer cannot dismiss him.
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