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Hi eveyone,
Hoping that I can get some good suggestions or advice on what to do..For those with similar encounters, pls pls share your thoughts :)
I sign up a maid package with a maid agency in late Apr. Agency locatedin Kembangan area..quite established i think..I paid $500++ as the package fee.Due to urgency, i got myself a transfer maid at the agent's recomendation.I interviewed her and she agreed to all conditions.The interview was very detailed and she even saw my kids.
The maid's biodata stated that she can take care of kids and do general housewor. She also has a kid of her own aged 2.I have 2 kids and an elderly.But the sole purpose is for my kids and housework. My mum cooks for the family but its too tiring for her to do housework and looks after my 2 kids.
I officially took the maid after 1 week, think on 27 Apr 08 evening and briefed her the timetable.She agreed to eveything. The next day, afternoon, i received a phonecall from my mum at my office that the maid wanted to go home and she's homesick! She claimed that she missed her son. I was pissed..Called the agent and brought her there after work. She said the same thing and insisted to go back. She even refused to serve her notice.She was told to go back and for us to monitor the situation.
Tuesday,29/4/08,I had to take urgent leave because the maid cried early in the morning and refused to work. She insisted to go home. I called agent to counsel her that she still have to serve her 30 days notice as per contract agreement even if she wanted to go back. Agent said that the maid insisted and we could not force her.
I am extremely upset and disappointed that in such cases, the maid has an upper hand. She simply chose and decided not to do anything in the house and not honoring the contractual obligation. The agency is not helping much other than scolding her. True, that we cannot force her to work. But in the first place, she should not have accepted the offer if she is not sure.I furnished a copy of the maid’s employment contract signed by the maid and me as the employer at the agency to the maid and the agent. The contract stated the following:
Part IV: Termination
Para 18 – Either party may terminate this Contract by giving three weeks notice in writing or the equivalent period of wages in lieu of notice.
The maid admitted the breach in contract but refused to pay or serve the 3 weeks notice to us. The agent said that the maid will be transferred to a new employer and I have to bear levy for 21 days until then. Once 21 days is up, the agent will bear responsibility to either repatriate her or pay her levy.
I am really confused coz its like im at the losing end. What sort of compensation can I claim? Can I sue the maid or the agency through Case? Help Help...
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