Can maids cancel contracts? | ExpatWoman.com
 

Can maids cancel contracts?

54
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EW NEWBIE
Latest post on 03 July 2011 - 18:43

Help please!

Our maid wants to go home after only 4 months of work. It is not clear is she wants a holiday or to cancel her contract.

We meet all our obligations, treat her very well and she has nothing to complain about. She is just homesick. I was planning on giving her a holiday after 1 year, but I cant give a holiday, or cancel the contract and lose all the money I've paid on visas, etc, on her own terms?

Can she cancel the contract single-sidedly? I mean, even *I* am not able to do that with my employer.

54
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EW NEWBIE
Latest post on 09 July 2011 - 16:46
Hi all, just an update of the situation. It turns out that the agency told my maid the contract is only for 3 months. Of course, this is only the warranty period for replacement, not her contract to work with us! This "misunderstanding" has caused a lot of problems between us and the maid. Please beware of Al Fattah Manpower agency in Sharjah. We have also had problems during the 3 months trial period - see my other thread "Homesick maid wants a holiday - not sure if genuine!"
587
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EW GURU
Latest post on 04 July 2011 - 17:42
HR:) The OP's situation is exactly why I am reluctant to sponsor a maid (being that this will be my first time) so an live-in maid through an agency or your situation, is my preference.
438
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EW EXPLORER
Latest post on 04 July 2011 - 17:35
Thank you for clarifying that. I am thinking of a similar option, just need to find a nursery that does FS1 and caters for 7 month olds, oh and a job! :) good luck with all of those :) just be prepared that not all take kids under 1 or even 1,5 years. I found mine and not moving from there ever :D he he.... what type of job if you don't mind?
587
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EW GURU
Latest post on 04 July 2011 - 17:30
Thank you for clarifying that. I am thinking of a similar option, just need to find a nursery that does FS1 and caters for 7 month olds, oh and a job!
438
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EW EXPLORER
Latest post on 04 July 2011 - 17:07
Agree with tootsie. Even if you have the money to spend, does this mean that you should? NO. This is why I don't like maid sponsoring and use a company + daycare for my LO. He is much happier there and if we don't like the maid we can replace with no extra cost. In the long run I am saving money this way. I don't like too that there are certain nationalities that you can chose from. We first wanted a different nationality and after going to 3-4 places and talking to some nice people there (government) we decided to follow their advice and get a company. Sorry to hijack, but what do you mean by using a 'company'? Do you mean a live-in maid through an agency or sponsoring a maid on a company visa? Many thanks. No, not live-in, just 2 times a week for the cleaning, etc. My LO goes to daycare, so I don't need her to be with him. He is happier there as he gets to play with kids and I am happy as everybody speaks English :) Sorry, but this is important for a small child and both of us with my husband work, so cant really check her all the time. But when we took the contract with DubaiMaid they offered live-in made on their visa. You employ her as full-time house help and can chose to give her accommodation. I am not sure though if this is still legal, but it was ok in 2010.
587
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EW GURU
Latest post on 04 July 2011 - 16:59
Agree with tootsie. Even if you have the money to spend, does this mean that you should? NO. This is why I don't like maid sponsoring and use a company + daycare for my LO. He is much happier there and if we don't like the maid we can replace with no extra cost. In the long run I am saving money this way. I don't like too that there are certain nationalities that you can chose from. We first wanted a different nationality and after going to 3-4 places and talking to some nice people there (government) we decided to follow their advice and get a company. Sorry to hijack, but what do you mean by using a 'company'? Do you mean a live-in maid through an agency or sponsoring a maid on a company visa? Many thanks.
54
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EW NEWBIE
Latest post on 04 July 2011 - 16:56
True... also, the maids actually earn decent incomes, at least compared to what they can get back home. My maid doesn't spend on anything as we cover ALL her expenses, so although her salary looks small compared to ours, her full salary = pure savings. I know many people in the UAE and UK who definitely do not save as much! lol Oh well.. I will talk to her and simply say she cannot leave after only 4 months. She's been very good in general but does get home sick and have mood swings, I hope this is just one of those. Sometimes it feels like I need to hire someone to manage my maid. lol edited by Lucy111 on 04/07/2011 <em>edited by Lucy111 on 04/07/2011</em>
438
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EW EXPLORER
Latest post on 04 July 2011 - 16:31
Agree with tootsie. Even if you have the money to spend, does this mean that you should? NO. This is why I don't like maid sponsoring and use a company + daycare for my LO. He is much happier there and if we don't like the maid we can replace with no extra cost. In the long run I am saving money this way. I don't like too that there are certain nationalities that you can chose from. We first wanted a different nationality and after going to 3-4 places and talking to some nice people there (government) we decided to follow their advice and get a company.
62
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EW NEWBIE
Latest post on 04 July 2011 - 16:18
It really p's me off that as sponsors we can be expected to fork out all the money & the maids can then basically do what they want. It is all well & good saying you'll loose all the money you've spent as a years investment in a short 4 months.....maybe for some that money is harder to come by than others, or for sure not maybe. Personally, I think it's shocking and about time the Government introduce new laws to protect sponsors as well as maids!!
438
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EW EXPLORER
Latest post on 04 July 2011 - 14:09
Well, you can say no, but she can decide not to work and then you will have to fire her and then you will have to pay everything. I know that from this year it is easier to get a maid from other then the recommended nationalities :) This is nice. I think it is a good idea to talk with the agency that have used regarding this issue. Do you have a contract with them? If you do, there should be a guarantee for the worker you are taking for at least 6 months. Other than that I don't think there are more changes. The employment contract has been reduced to 2 years, but in your case this is not applicable as she is only 4 months with you. In general in case of any legal disagreements the contract signed by both parties is valid and the labor law. If you like the lady you can try and reach an agreement with her - this will be the best way, but not always works. Sorry, I am not much help, but I am afraid this type of issues are never easy.
54
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EW NEWBIE
Latest post on 04 July 2011 - 13:27
First of all, thank you all for sharing your knowledge and experience! I just checked on the contract (this is the standard given by immigration in March 2011), there is a clause that says: "the 2nd party (the maid) will undertake all travel expenses to home country, if the contract has been terminated by the 2nd party" Reading this, I am under the impression that she *can* cancel the contract provided she pays her travel expenses to go back home. Her travel ticket to Srilanka only costs less than AED 1000 whilst I have paid over AED 12000 for visa, agency, medical etc for the whole year - plus we have an agreement, and I have met all my obligations, so in my view, this will be extremely unfair! Nothing else about her cancelling mentioned in the contract... mpp_jl, purple, fairycakeyumm - I wonder if anything has changed recently on the labour law/ conditions, etc for domestic workers? I read in the newspaper a few weeks back that they are getting more rights. I just want to be sure that when I say no to her going on holiday or cancelling her contract, legally this is fine... Thanks again!
438
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EW EXPLORER
Latest post on 04 July 2011 - 12:41
No, she can't. As her employer you need to sign her release. Only in the case of none payment of wages for more than 3 months the employee can cancel the contract without the permission of the employer. Also as the standard probation time is 6 months, if the employee decides to leave before completion of these 6 months, all visa cost, sick days, etc. needs to be deducted from the employee final settlement. If you hired her locally you do not need to pay her the ticket home also. Well, this is according to the law, but you may not apply some of the rules if you want when it benefits the maid - this is legal. If you hired her from her country, than you need to pay for her return ticket. Hope this is helpful. Have in mind that she may go home and decide not to come back, so do not pay anything in advance - if she goes on leave now that will be unpaid leave as she has not completed 6 months. Sorry but you have to provide a ticket home wether she was employed here or home country, if she has obsconded they can keep the deposit to pay for her ticket when she turns up. Or if on AD visa as u dont pay the deposit we had to give 2k to them. This is was happened to us a few months ago. The only way you would get away with it is if u cancel her visa then transfer her to someone else, but the op said she wanted to go home. edited by fairycakeyumm on 04/07/2011 No problem :) My info is from the end of last year and they are changing everything all the time, so if have done this just a couple of months back then the ticket is there. Before for Dubai it was different if the maid is employed locally or from overseas. Even the submission of the documents for the visa in the first place was different for each case.
2239
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EW EXPERT
Latest post on 04 July 2011 - 12:29
No, she can't. As her employer you need to sign her release. Only in the case of none payment of wages for more than 3 months the employee can cancel the contract without the permission of the employer. Also as the standard probation time is 6 months, if the employee decides to leave before completion of these 6 months, all visa cost, sick days, etc. needs to be deducted from the employee final settlement. If you hired her locally you do not need to pay her the ticket home also. Well, this is according to the law, but you may not apply some of the rules if you want when it benefits the maid - this is legal. If you hired her from her country, than you need to pay for her return ticket. Hope this is helpful. Have in mind that she may go home and decide not to come back, so do not pay anything in advance - if she goes on leave now that will be unpaid leave as she has not completed 6 months. Sorry but you have to provide a ticket home wether she was employed here or home country, if she has obsconded they can keep the deposit to pay for her ticket when she turns up. Or if on AD visa as u dont pay the deposit we had to give 2k to them. This is was happened to us a few months ago. The only way you would get away with it is if u cancel her visa then transfer her to someone else, but the op said she wanted to go home. <em>edited by fairycakeyumm on 04/07/2011</em>
438
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EW EXPLORER
Latest post on 04 July 2011 - 10:11
No, she can't. As her employer you need to sign her release. Only in the case of none payment of wages for more than 3 months the employee can cancel the contract without the permission of the employer. Also as the standard probation time is 6 months, if the employee decides to leave before completion of these 6 months, all visa cost, sick days, etc. needs to be deducted from the employee final settlement. If you hired her locally you do not need to pay her the ticket home also. Well, this is according to the law, but you may not apply some of the rules if you want when it benefits the maid - this is legal. If you hired her from her country, than you need to pay for her return ticket. Hope this is helpful. Have in mind that she may go home and decide not to come back, so do not pay anything in advance - if she goes on leave now that will be unpaid leave as she has not completed 6 months.
1247
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EW OLDHAND
Latest post on 04 July 2011 - 09:28
no idea actually, it was info from here a while back, try to do a search. Someones maid wanted to be released and they took her to immigration who worked out a deal with the family how much maid should pay back. Not sure if its even in a written rule or not, but legally they (maids) cant cancel a contract so it would make sense that they can "buy their way out" ?
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EW OLDHAND
Latest post on 04 July 2011 - 08:56
Oh that's interesting Purple re paying back some of the expenses, do you know where I can find that info? TIA
1247
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EW OLDHAND
Latest post on 04 July 2011 - 08:45
no she cant cancel - legally. but like others say, do you really want someone in your house who doesnt want to be there? If she wants to be released she is supposed to pay you back some costs, take her to immigration and let them have a word with her, she may really really want to stay if she is told she has to pay you back some money ;) Some of these ladies seem to think we have a steady stream of cash coming in (that we dont work hard for) so it may just be that you need to put your foot down and tell her that her holiday is at the end of contract and thats that.
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EW OLDHAND
Latest post on 03 July 2011 - 20:38
If she really wants to go then send her and cancel her visa, otherwise what good will it do if she mopes around, not really giving a damn and is unhappy all the time, you will get the 2,000dhs deposit back and give her a ban so if she's found a better offer she cannot come back for 6 months. I know 5,000dhs is a lot to loose but if its your only opition .......... don't send her on holiday that will not solve the problem, you will be spending more money on her, she might not come back, who will do her work while she is away? and she will think by behaving like this she will get her own way :(
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EW EXPERT
Latest post on 03 July 2011 - 20:22
No she can't cancel contract but be aware if she is desperate to leave she may obscond ... Happened to us u treat them well and their answer is it doesn't matter ure rich lol good luck ..
 
 

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