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Friday, 11/28/2014

Helper has quit

POSTED BY jassy67 (7 yrs 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?
#1 POSTED BY jassy67 (7 yrs 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).
#2 POSTED BY hkwatcher (7 yrs 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
#3 POSTED BY jassy67 (7 yrs 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?
#4 POSTED BY Moppet (7 yrs ago)
pro rata plus the one months salary
#5 POSTED BY jassy67 (7 yrs ago)
She has been with us for 10 and a half months, do we owe her vacation/annual leave?
#6 POSTED BY hkwatcher (7 yrs 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
#7 POSTED BY hkwatcher (7 yrs 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
#8 POSTED BY jwm (7 yrs ago)
Looks like you owe her, if you do not want her to work out her last month...
#9 POSTED BY jassy67 (7 yrs 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.
#10 POSTED BY Katetam (7 yrs 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.


#11 POSTED BY jassy67 (7 yrs 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.
#12 POSTED BY Moppet (7 yrs 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
#13 POSTED BY Brit (7 yrs 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.
#14 POSTED BY CookieMum (7 yrs ago)
what is the immigration office address to send the notice letter to? I couldn't find it on line! pls help!
#15 POSTED BY jassy67 (7 yrs 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
#16 POSTED BY CookieMum (7 yrs ago)
tks jassy67
#17 POSTED BY applebubble (7 yrs 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

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