Helper has quit

Posted by jassy67 (270 days ago)

My helper gave her 1 month notice this morning (2:30 am) by a text message. She doesn't live in, and my husband and I do not want her back in our home. I have packed up her belongings and she will come tomorrow to pick up.
Does she have to give us a written termination letter?

I know we have to pay her 1 month salary, 1 way air ticket back to her home country and $100 a day food to go home. Is there anything else?

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Posted by GreenValleys (270 days ago)

No she doesn't, but both parties have a responsibility to inform Immigration within 7 days of the effective date of termination. And incidentally to make sure all the Ts are crossed and all the Is dotted your obligation re the passage home extends to more than just the air ticket back to her home country - it should be the total passage from your residence (hmm, live out...probably then from her HK residence) to her actual home. So if she lives in a remote PH province, for example, that would include the bus fare from Manila to the province.

Posted by jassy67 (270 days ago)

I thought she would need to inform us in writing, so Imm. is aware she broke the contract, not us.

Yes, I realize we need to cover costs to her actual home in Indonesia (not PH).

Posted by hkwatcher (270 days ago)

You write the letter saying exactly what you have paid her, airfare etc, the date of the termination and BOTH of you sign it! Copy for you, copy for her copy for Imm.
You can give her a release letter that she would use for future employment, (but it is not the law) However, you can write whatever you wish in the letter, this is different fromthe letter that you give to the Imm Dept

Posted by IslandHopper (270 days ago)

"Is there anything else?'

Remember not to tell about "live out" to Immigration Dept, because it may be against conditions of FDH employment and mean trouble to you .....

Posted by jassy67 (270 days ago)

Another question, since she resigned today, the 13th., do we have to give her full month's salary for December? And 1 month's salary in lieu? Or pro-rate this months and 1 month salary?

Posted by Moppet (270 days ago)

pro rata plus the one months salary

Posted by jassy67 (270 days ago)

She has been with us for 10 and a half months, do we owe her vacation/annual leave?

Posted by Saikunga (270 days ago)

Why do you have to pay her one months salary ? - I thought that if a domestic helper resigned before the end of the contract - they give one months notice and work it out, or they pay you the months wage they are not working and leave on the day they give the notice.

Is it because you are choosing for her not to complete the month that you need to pay the months salary? I think you need to check this out.

Posted by hkwatcher (270 days ago)

Q7.6 Upon termination or expiry of the contract, what items of payment
should I pay to my helper?
A �� The items and amount payable to your helper on termination or expiry of
the contract depend on a number of factors such as the length of service
and the reason for termination of contract. However, termination
payments usually include :
�� outstanding wages;
�� wages in lieu of notice, if any;
�� payment in lieu of any untaken annual leave, and any pro rata
annual leave pay for the current leave year (see Chapter 4);
�� where appropriate, long service payment or severance payment (see
Chapter 8);
�� any other sum due to the helper in respect of the employment
contract, e.g. free return passage and food and travelling allowance
(see Chapter 10).
�� It is advisable to keep the receipts for such payments. A sample of the
receipt for payments is at Appendix V.

(Sample – for reference only)
Letter of Termination of Employment Contract
Dear ,
I, Would *resign
from the post of domestic helper / dismiss you from the post of domestic helper
under the Domestic Helper Contract No. , effective
on (date)
*(a) by giving you days / month(s) notice / with no notice.
*(b) by giving you days / month(s) wages in lieu of notice.
The last working day will be (date) .
Reason(s) of resignation / dismissal :
Yours sincerely,
(Signature
)
( ) (Name)
(Date)
Acknowledged receipt by (Signature)
(Name) ( )
Date
* delete

Posted by hkwatcher (270 days ago)

http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
Sorry This is the link that will answer many questions better than any of us.
Good luck

Posted by jwm (270 days ago)

Looks like you owe her, if you do not want her to work out her last month...

Posted by jassy67 (270 days ago)

Saikunga, I have to give her 1 month salary, because, although she resigned, I do not want her to work in my home for a month.

Posted by Katetam (270 days ago)

I would ask her if she can come to terms with you. You DON 'T require her to work the 1 month, she can LEAVE right away, but you don't have to pay her the 1 month salary. Just the pro rata of the 2 weeks she's already worked.

Unless you promised her to pay her for the month already... the helper is in luck then.

Posted by jassy67 (270 days ago)

Katetam, I have'nt even spoke to her about anything. She won't return my messages and has an expat boyfriend who is being a jerk.

Posted by Moppet (269 days ago)

Does that mean she has not returned to work when she was meant too? if so notify Immigration to protect yourself from accusations that you fired her and through her out in the street without pay etc etc. If she has failed to return to work then surely this is gross misconduct as she has not informed you and refuses to answer your calls. Good luck

Posted by IslandHopper (269 days ago)

There's still a case of living out under FDH contract which may be a good reason for NOT involving Immigration Department or argue about some 2k or less.

Posted by Brit (269 days ago)

you only need pay 1 months salary regardless of when in the month it is. so from today you would pay her up to the 14th january.

Posted by CookieMum (269 days ago)

what is the immigration office address to send the notice letter to? I couldn't find it on line! pls help!

Posted by jassy67 (269 days ago)

Thanks for all the advice and answers. It is all done and over with now.

Cookiemum - the address is
Immigration Department
Immigration Tower
7 Gloucester Road
Wan Chai
Hong Kong

Posted by CookieMum (269 days ago)

tks jassy67

Posted by applebubble (264 days ago)

as far as i knw if the helper gave a months notice, then you decide to NOT let her work out you still have to give her the on month in liue..coz its like firing her..coz technically she is still working for you until she has worked out her notice.. my 2 cents..it may or may not be the case