Wording on Termination Document and Payment

Posted by PaprikaCarrots (89 days ago)

Has anyone had to do a letter/document to Immigration advising of termination. Our employee has worked almost 9 months. It was mutually agreed that the situation has deteriorated to the point that I no longer trust her with care of my children and she should seek employment elsewhere. Is that what I should write in a letter to the authorities? What payment is due - am I correct in assuming it is 1 months pay and flight home. She has taken annual leave already at Christmas.

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Posted by GreenValleys (88 days ago)

As far as I'm aware the only legal requirement is for the letter to state the last day she will work for you, plus the letter must be sent to Immig within 7 days. I don't think you have to give a reason, but there is a sample available on the Immig Dept website. Re the payment that seems OK assuming that you are paying her in lieu of notice, altho that isn't clear - you say that she agreed to seek other employment but not that you actually gave her notice. The 'flight home' bit should actually include all transportation from your place to hers, not just the flight. On the other hand if she took her full year's leave entitlement after only 3 months technically she owes you a bit, but better to forget about that one to avoid any unpleasantnss.
Re the reason I wouldn't be too specific on the Immig letter, and I'd be fairly general on any release letter you give her - but be very specific about advising future potential employers that you'd be happy for them to call you for a reference...and at that time be VERY specific b/c if she can do that to you she can do it to someone else with kids. Good luck!

Posted by beancurd (87 days ago)

Just to give you idea:
Dear Sir,
This is to certify tha Ms. _____ is under my employment as Domestic Helper for 9 months.
However, please be informed that I would like to terminate the contract with my DH because I do not need her service anymore.

I will provide the following:
one way ticket back to her hometown
salary
etc.

She is welcome to find new employment in Hong Kong.

Sincerely yours,

Posted by GreenValleys (86 days ago)

Saying that you don't need her anymore would look odd when you then turn around and hire another one. No need even to go that far.

Posted by beancurd (86 days ago)

If Paprika likes to hire again, then just change the reason or tell the real reason why she wants to terminate the contract.