The foreign helper is sick｜The foreign helper is suspected of having lymphoma within a month of entering the house

What should the employer do if the foreign domestic helper falls ill after joining the company? Some Hong Kong mothers pointed out that the foreign helper had been working for less than a month, and recently found that her neck was swollen. After seeking medical treatment, she suspected that she had lymphoma. He said bluntly that the foreign helper just entered the house, and they don’t have a deep relationship with each other, so he doesn’t want to spend extra effort to treat each other, but he worries that dismissing the other would do that. 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 went to immigrate, and he needed a worker’s sister. to take care of the children, so he took and hired the foreign helper to move into the house.

He said that the worker’s sister had experience before entering the job and no abnormalities were found. However, more than a week after entering the job, the other party found that her throat was swollen. She suggested that the victim that she was seeking medical treatment, but the other party believed that the situation was not serious at the time, so she refused. Until last week, the domestic helper felt that the swelling in her throat was getting worse, so the owner took her to the government clinic for medical treatment. Unexpectedly, the doctor suspected that a sister had the lymphoma worker after an examination, so he wrote a referral letter and asked her to go to the hospital for an examination.

Don’t want to spend effort handling foreign domestic helpers

The victim described feeling distressed when he received the reference letter. He never thought the foreign assistant would get sick when he first joined the job. He deliberately hid it, but he didn’t know it. Unexpectedly, after going to work. 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 clearer.”

However, the victim made it clear that she did not want to spend additional money and energy on medical treatment and care for the domestic helper.

“If I want to treat it, I really don’t want to. It’s not just because of money, if it really is a tumor, it will be a lot of psychological pressure on our family. My sister spends too much time in our house us. It’s short, I have no deep feelings or thanks to 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 month.”

fear of being sued after being fired

She consulted friends, agency companies and the Department of Labor for their opinion on this. The friend suggested that she immediately use other reasons to dismiss the foreign assistant. The Department of Labor noted that the current foreign assistant does not have a sickness absence 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 she fired the client, she would have the opportunity to be sued by the employee. 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 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 are talking about employees Are there legal risks?”

Netizen: Persuade my sister to resign

Some netizens offered their opinion to the victim Many people sympathized with the victim’s situation, but were reminded that firing the foreign assistant would be legally dangerous. They suggested persuading her to leave the job and return to w hometown to heal. he gave an extra allowance for medical expenses so that both parties can get along well. San, “I will give her another month of work, and persuade her to resign, and returning to her hometown is the best option”, “My colleague worked as a Filipino Maid for two months, and was diagnosed with breast cancer. My colleague gave her 20,000 yuan, 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.”

The victim later responded that she would try to communicate with the domestic helper and persuade her to leave the job voluntarily, but 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 not have the ability to get him into a private (doctor), so we can only wait for the wait government. If it takes too long, we can help him if there is any problem with his body.”

Dismissal unless unlawfully incapacitated

Yung Ma Shaner, chairman of the Hong Kong Domestic Helper 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 prove that he is incapacitated, the employer cannot offer dismissal during the sick leave.” In general, doctors do not issue relevant certificates. Even in serious cases, they will write “current loss of (ability to work) ” only, which is not permanent, so it does not apply. If the employer dismisses him on the basis of illness, even more opportunities to discriminate against patients are considered.

Taking unpaid sick leave is recommended by 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 helper can abroad accrue 2 days for each month of service in the first year Paid sick leave, four fifths of the sick allowance for daily sick leave, and when the domestic helper’s sick leave has ended, he can apply for unpaid leave.” “If the domestic helper needs to do that go see a doctor, let her take sick leave and unpaid leave. Don’t ask her to do any work that day.”

Mrs Rong said that the cases of foreign helpers falling ill shortly after arrival happen from time to time, and the main reason is that many employers did not give them a medical examination when they employed foreign helpers. Employers will worry about being ripped off and rush to hire.”

He pointed out that some agencies would claim that the health report of the foreign assistant’s place of residence would be “falsified” and “without reference value.” Even if there are problems in the medical examination, the employer cannot dismiss

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