Maid end of contract gratuity and flight home after 1 year? | ExpatWoman.com
 

Maid end of contract gratuity and flight home after 1 year?

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EW NEWBIE
Latest post on 13 February 2013 - 14:15

Hi ladies,

We will terminate our maids contract when the 1 year finishes and she is transferring to another family and not going home. What are you legally due to offer her in this case? are you due to pay any gratuity or flight home?

Thanks
<em>edited by Spicy pepper on 13/02/2013</em>

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EW GURU
Latest post on 17 January 2016 - 10:32
Just saw this thread, my maid is also asking for 1 months salary and ticket home despite the fact that shes transferring her visa. I'm going to check at immigration for confirmation as well.
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EW OLDHAND
Latest post on 15 February 2013 - 12:02
Simples, our situation is the same ........ Tickets home are on a "use it or lose it" basis, we don't get the option to take the value of the ticket. Same with vacation days, there is a deadline for when they must be taken and after that it is lose them, unless exceptional circumstance due to work commitments, they may be bought out or deadline extended, but at the employers discretion not the employees request !. Sounds like OP's maid already was compensated for ticket home and she had her 1 month vacation, the maid was trying it on to get it a second time.
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EW MASTER
Latest post on 15 February 2013 - 11:46
I'm curious, in these circumstances, is it possible for the employer to state that if the maid doesn't take a flight home during the contractual period, the employer is under no obligation to pay the maid the flight money in lieu? On my husband's current contract, his company will pay for so many trips back to Europe per year, up to a certain maximum sum, but the company organizes the flights themselves and if we don't use them, we are certainly not given the money we haven't spent in lieu. Is it any different because we're talking about maids?
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EW NEWBIE
Latest post on 15 February 2013 - 11:29
Regarding the holiday part, with our own situation we offered to our maid after only 5 months of working for us to pay her flights to go back home and see her family and give her a month off. She refused but then asked for the flight money instead! She ended up having a months paid holiday here in Dubai when we went home for the summer. We have been very good to our maid and gave her lots of holiday throughout the year. <em>edited by Spicy pepper on 15/02/2013</em>
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EW MASTER
Latest post on 15 February 2013 - 10:06
Thanks for the info spicy pepper. The flight bit, I get. The holiday bit seems weird, because in our contract it says that out of the 12 month she is entitled to one month of holiday. So if within those 12 months she would have taken the holiday, that's settled. If she hadn't taken it, and would be leaving, I still believe she would be entitled to a one month salary. That would not be a holiday gratuity, but the salary for the month she worked which she wouldn't have had to work. Just my thinking though. I also think this is fair but we know how many people treat their maids here and unfortunately many of the old " ways" and " thinking" are entrenched in certain people's minds .
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EW EXPERT
Latest post on 15 February 2013 - 09:53
Thanks for the info spicy pepper. The flight bit, I get. The holiday bit seems weird, because in our contract it says that out of the 12 month she is entitled to one month of holiday. So if within those 12 months she would have taken the holiday, that's settled. If she hadn't taken it, and would be leaving, I still believe she would be entitled to a one month salary. That would not be a holiday gratuity, but the salary for the month she worked which she wouldn't have had to work. Just my thinking though.
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EW NEWBIE
Latest post on 15 February 2013 - 09:39
Just on a final note, my husband went to immigration where he asked for clarification to the authorities as we are completely new to this. In this case where our maid is transferring to another family in Dubai after a 1 year contract the authorities have confirmed that she is contractually not due any holiday gratuity pay nor any flight money. Flight money would only be due if you were sending her home. So that is the matter clarified from a legal and contract standpoint. Obviously after that, everyone has to make their own personal decisions if they wish to do anything which is what we have done.
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EW NEWBIE
Latest post on 14 February 2013 - 08:00
Thank you ladies for all your comments. This is the first time we have ever had a maid so we have never been through the process at the end before so I just wanted to check with you what she is asking for is correct. I thought these things were given if she were to renew her contract with us.. If this is correct then of course we will giver her the money. We would never not give our maid money that she is entitled to.
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EW MASTER
Latest post on 14 February 2013 - 07:45
That makes sense SM, thanks. We do the same, our maid's contract is renewed each April and during each year she has been with us she has had 1 months paid holiday, return flights (or money in lieu) and one month's gratuity. So yes, working 11 months and being paid for 12. Not working 12 months and being paid for 13. The wording of the officially contract still makes no sense to me!
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EW MASTER
Latest post on 14 February 2013 - 07:33
I understand that SueB but it only really works if she is leaving. What if she is staying with you? The visa/how long she works for you with gets all out of whack because it works out at 13 months which doesn't fit in to a 12 month contract. In this case she is leaving so if she hasn't taken holiday in the year with the OP then she should of course be paid the 1 months vacation money. My maid's contract is due every March so we renew in March on time as per the law - after that time she goes on leave ( at some point in the next 4 months) for one month and gets a return airfare so yes, in effect she is only working 11 months as it were in that year but that is what is due to her legally. It goes on every year the same. She gets 12 salaries in a year - one of which is holiday pay. As you said, this maid of the OP has worked a year so is entitled to a month paid salary.
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EW MASTER
Latest post on 14 February 2013 - 07:16
I understand that SueB but it only really works if she is leaving. What if she is staying with you? The visa/how long she works for you with gets all out of whack because it works out at 13 months which doesn't fit in to a 12 month contract. In this case she is leaving so if she hasn't taken holiday in the year with the OP then she should of course be paid the 1 months vacation money.
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EW EXPERT
Latest post on 13 February 2013 - 22:52
seriously....pay the maid what is entitled to her. one months salary after working for you for 12 months. so is leaving to work for another family but you still owe her one months vacation pay. Simple..just pay it rather than nit picking for heavens sakes, and..if she is leaving to go home, you pay her ticket home, one way.....and her months vac pay...simple. If she is transfering to another family, she is not going home...you do not have to pay her one way flight. You still owe her one months vacation pay :)
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EW MASTER
Latest post on 13 February 2013 - 20:21
That is your opinion but that is not what is written in my contract - it says "Second article: the second party shall be given [b'>one month paid vacation after contract completion. The second party may opt for a salary of one month in lieu of the month vacation.[/b'>." That is what my contract says too but it makes absolutely no sense in practice. The contract is for one year so if she works a full year with you then goes home for a month you need to renew her contract when the 12 months is up then wave her off a plane for a months holiday. We all know how often maids don't come back from their holidays and you've just wasted an entire contract renewal on her if she doesn't return. If she does come back then you get in the situation where her visa renewals don't match up with her actually working for you for a year and will fall behind by a month each year. Does that make sense? My about to have a baby brain is struggling to explain clearly! If she is transferring straight to another family after 12 months working for you then she will get the extra months cash but no holiday. Apart from the fact that everyone needs a break to recharge the batteries, chances are she'll start with the 'oh I got no holiday in my last job, I need to go home routine'. It only really works if the maid only comes here for the duration of one contract (12 months) then goes home for good (with the extra months pay tucked in her pocket) or goes home for the month then flies back to start another contract with a new family. Who will then need to pay the exorbitant agency fees to get her here. Or maybe that's the point....
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EW MASTER
Latest post on 13 February 2013 - 19:50
We had this long discussion in the maids forum. Maids get their holiday money (if away they get paid for the salary for when they will be away), but not another month tagged on. 12 months salary per year. That is your opinion but that is not what is written in my contract - it says "Second article: the second party shall be given [b'>one month paid vacation after contract completion. The second party may opt for a salary of one month in lieu of the month vacation.[/b'>." "Third article: upon expiry of the contract without renewal, the first party must pay for the second party to return to home country." How does that tie in with what you say?
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EW EXPERT
Latest post on 13 February 2013 - 18:53
We had this long discussion in the maids forum. Maids get their holiday money (if away they get paid for the salary for when they will be away), but not another month tagged on. 12 months salary per year. It would be so much more helpful if you would stop voicing your personal opinion as "facts". If she has worked for 12 month, then leaves to be transferred, you pay her the month holiday she is entitled to after a year. <em>edited by Oopsiedaisy on 14/02/2013</em>
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EW EXPLORER
Latest post on 13 February 2013 - 18:49
We had this long discussion in the maids forum. Maids get their holiday money (if away they get paid for the salary for when they will be away), but not another month tagged on. 12 months salary per year.
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EW EXPLORER
Latest post on 13 February 2013 - 18:47
I hired a "transferred" maid last year. Her former sponsor paid neither ticket, nor holiday. I thought that was awful. Personally I would pay both (considering the circumstances). But as I said earlier, if she doesn't go home, you are not obliged to pay her the money. That is at your discretion. She is however entitled to her holiday money.
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EW MASTER
Latest post on 13 February 2013 - 18:11
Thanks she will be transferring directly to another family so are we required to give her a flight ticket home? I thought this would be the case if we renewed her contract? confused.... No, if she is transferring you do not have to give her a ticket home. Nor do you have to give her the ticket money in lieu. Unless you want to. the agency I got my maid from said the same thing ... I would imagine agencies deal with things differently from Joe Average.
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EW MASTER
Latest post on 13 February 2013 - 18:10
I would imagine she is asking for the month holiday salary that is stipulated in the contract? It also says that she is entitled to the equivalent money if the airfare is not taken.....
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EW NEWBIE
Latest post on 13 February 2013 - 17:58
Thank you ladies, she is asking upon completition of her 1 year contract before she transfers to her new family a paid flight home (although she is not going) and a bonus of 1 month salary....
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EW EXPERT
Latest post on 13 February 2013 - 15:45
Thanks she will be transferring directly to another family so are we required to give her a flight ticket home? I thought this would be the case if we renewed her contract? confused.... No, if she is transferring you do not have to give her a ticket home. Nor do you have to give her the ticket money in lieu. Unless you want to. the agency I got my maid from said the same thing ...
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EW EXPERT
Latest post on 13 February 2013 - 15:36
According to her contract she is entitled to a months paid vacation and an annual ticket home or the equivalent fare in cash - so.....if it was me - as she has worked for you for a year I would pay her the months money as a bonus and as she has already said she doesn't require a ticket home I would give her the money too. These women are away from home to help their families have a better life. Our housemaid only went home every 2 years and would take the months salary and ticket money every other year. She was able to buy some land and is now saving hard to buy the building materials. It doesn't say anywhere in the contract that you don't have to pay this money over - or at least I never saw that part of the contract. I would pay her the money and know that you have helped her and her family enormously. If you decided not to renew and were not able to find her a new employer you would have to pay it anyway. If she has worked hard and worked to find a new employer it would be a nice end of serivce bonus for her. <em>edited by Clairehdp on 13/02/2013</em>
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EW EXPERT
Latest post on 13 February 2013 - 14:54
Thanks she will be transferring directly to another family so are we required to give her a flight ticket home? I thought this would be the case if we renewed her contract? confused.... No, if she is transferring you do not have to give her a ticket home. Nor do you have to give her the ticket money in lieu. Unless you want to.
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EW NEWBIE
Latest post on 13 February 2013 - 14:41
Thanks she will be transferring directly to another family so are we required to give her a flight ticket home? I thought this would be the case if we renewed her contract? confused....
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EW EXPLORER
Latest post on 13 February 2013 - 14:36
You are not required to do either if she is transferring. If she does not want the ticket home then it is up to you regarding money in lieu. Domestic servants do not get gratuity. This is up to you.
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EW GURU
Latest post on 13 February 2013 - 14:33
I think the standard contract says you either provide the flight or payment in lieu of the flight.
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EW MASTER
Latest post on 13 February 2013 - 14:32
Gratuity is discretionary, not obligatory. Not sure on flights in that situation, sorry.
 
 

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