Breaking a contract

Posted by Sims (57 days ago)

I've just had a chat with a helper, the couple she is working for divorced several months ago,(husband living in another country now)The contract is between the husband & helper and she is half way through the contract. When she hands in her notice will she have to return to the Phillipines before we process papers? Has anybody come across this problem before, when a couple split up? She is going to immigration for some more information next week. Hope somebody can help.Thanks

Find what you are after in our Hong Kong A-Z Directory

Posted by Peggie Wong (57 days ago)

If the contract was signed between the husband and the helper, then definitely she can start working for you as soon as you get all the appropriate papers finalized. The husband (legal employer) left HK and that is one of the basic reason the helper can change to another job without having to go back to her country of origin.

Posted by Peggie Wong (57 days ago)

Having said that, I don't know what the wife would do - because if she wants the DH to stay on she can cause some problem and make it difficult for the helper! Can the helper ask the 'husband, her legal employer' to write a letter saying he has left HK and no longer needs her service? That would be the best solution.

Posted by Sims (57 days ago)

Peggie thanks for the reply, it has been a great help