Severance payment for OFW in Hong Kong

[JISnJRS 22]

Does anybody have knowledge of of what goes into consideration for such payments? My fiance, a OFW from the Philippines has worked there for 14 years, and has honored six (6) 2 year contracts, and is breaking the 7th one to go home and care for her elderly mother. Its my understanding that if she breaks the contract, the employer is not required to pay her severance pay. Well, what about the other contracts she has fulfilled?

 

any help is greatly appreciated!

[Hank_ 9,174]

Just my opinion.  But the only contract that is active is the current one.   Others are history .. and history is just that ...

[JISnJRS 22]

7 minutes ago, Hank_ said:

Just my opinion.  But the only contract that is active is the current one.   Others are history .. and history is just that ...

I hope thats not the case, it is your opinion though..

 

[Boiler 45,289]

8 minutes ago, Luk Dit Mo said:

I hope thats not the case, it is your opinion though..

 

Severance is when the Employer lets you go, this is the other way around, she may have payments to make, she hopefully knows what is in her contract.

 

Past contracts are irrelevant.

[javadown2 308]

Why would she get severance pay if she is breaking the contract...even if she quit after a completed contract would that mean they have to pay her severance pay? I'm sure you will find another Filipino that knows the correct answer...but it doesn't sound like she will get much of anything. 

[JISnJRS 22]

9 minutes ago, Boiler said:

Severance is when the Employer lets you go, this is the other way around, she may have payments to make, she hopefully knows what is in her contract.

 

Past contracts are irrelevant.

Nothing has been paid to her in advance, so I dont think repayment applies here.

8 minutes ago, javadown2 said:

Why would she get severance pay if she is breaking the contract...even if she quit after a completed contract would that mean they have to pay her severance pay? I'm sure you will find another Filipino that knows the correct answer...but it doesn't sound like she will get much of anything. 

she not expecting anything, I would like to think that 14 years would count for something?

 

http://www.labour.gov.hk/eng/faq/cap57l_whole.htm

 

found the above link as a guideline..

Edited May 31, 2018 by Luk Dit Mo

[javadown2 308]

1 minute ago, Luk Dit Mo said:

Nothing has been paid to her in advance, so I dont think repayment applies here.

she not expecting anything, I would like to think that 14 years would count for something?

I highly doubt it...is it a private employee or a corporation that hired her? Maybe you should ask her employers? That is a bad deal to work for 14 years and not even be getting something like our SS out of it later on...ouch. So is the life of a Filipino working oversees to support their family....too me it is really sad. Did she buy a house in the Philippines I hope at least? 

[Boiler 45,289]

Good to hear, you come across cases where flight have been paid for and there is a claw back clause, worst cases seem to be in the Middle East where the confiscate your Passport.

[JISnJRS 22]

4 minutes ago, javadown2 said:

I highly doubt it...is it a private employee or a corporation that hired her? Maybe you should ask her employers? That is a bad deal to work for 14 years and not even be getting something like our SS out of it later on...ouch. So is the life of a Filipino working oversees to support their family....too me it is really sad. Did she buy a house in the Philippines I hope at least? 

private employer, asking the non caring, self centered, unappreciative tight wad employer would be useless, indeed, ouch, such is the life of a OFW regardless of nationality. Money was sent home to help immediate family.

Edited May 31, 2018 by Luk Dit Mo

[JISnJRS 22]

5 minutes ago, Boiler said:

Good to hear, you come across cases where flight have been paid for and there is a claw back clause, worst cases seem to be in the Middle East where the confiscate your Passport.

Put in her month notice yesterday, the C*** wants another 7 days after that,  what the ****.. Flights home have always been paid for, Id like to think that it doesnt change. I have her back if needed.

Edited May 31, 2018 by Luk Dit Mo

[javadown2 308]

2 minutes ago, Luk Dit Mo said:

private employer, asking the non caring, self centered, unappreciative tight wad employer would be useless, indeed, ouch, such is the life of a OFW regardless of nationality. Money was sent home to help immediate family.

It is unfortunate..they really do take advantage of people, but in my opinion  the Filipino's really get the brunt of it. 

[JISnJRS 22]

Just now, javadown2 said:

It is unfortunate..they really do take advantage of people, but in my opinion  the Filipino's really get the brunt of it. 

its a shame, indeed..

[javadown2 308]

1 minute ago, Luk Dit Mo said:

Put in her month notice yesterday, the C*** wants another 7 days after that,  what the ****.. Flights home have always been paid for, Id like to think that it doesnt change. I have her back if needed.

I hope so...and please don't let her go back to this type of environment.(not trying to be rude, just hope she doesn't need to). 

[JISnJRS 22]

1 minute ago, javadown2 said:

I hope so...and please don't let her go back to this type of environment.(not trying to be rude, just hope she doesn't need to). 

she will return home, get prior paperwork needed done..I will travel to marry her in Philippines, and then work on bringing her here to the states.

[Boiler 45,289]

How many return tickets does she get for a 2 year contract and how long has she served of the ciurrent one?