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Saturday, 11/1/2014

termination or break contract

POSTED BY Heikeli (4 yrs ago)

I hope you can help me with the following.

I do know about a helper that is not treated well by the family who hired her. She has to work 24 hours, is not allowed to make phone calls and has no da off in the weekend.

What is her right to do to leave the family?

Can she stay in HK to look for a new employer and does she has to leave HK inbetween contracts?

What kind of reason for termination would be ok that she does not have to leave the country from the employers side?

Thank you very much in advance!!!!!

#1 POSTED BY axptguy38 (4 yrs ago)

She can break the contract at any time, giving one month's notice.

She can stay in HK for 14 days after the contract ends.

She needs to leave before a new contract if she breaks

This one I'm not sure of, but AFAIK the only reasons which would allow her not to leave are if the employer leaves HK or terminates her for financial difficulty in paying.

#2 POSTED BY hkwatcher (4 yrs ago)

Very specific on how a girl can be re-hired and not leave HK
1. contract finished
2. as axptguy said re financial difficulty, this is true, but it MUST be the reason stated on the termination paper. It's no good the girl saying that her employer lost her job, it must be the reason for early termination on the form.
3. Again, the employer is leaving for good as previously stated
4. The employer of record is deceased.

#3 POSTED BY Heikeli (4 yrs ago)

thanks...so if sb is not treated well it is difficult as the chance is lower to find an employer if you have to leave first...do you know a good agency who can help with visa and coming back to HK?

#4 POSTED BY axptguy38 (4 yrs ago)

The issue isn't really that she has to leave. The issue is that many employers don't even want to interview helpers who have broken a contract.

AsiaXpat can help.

#5 POSTED BY Heikeli (4 yrs ago)

..true, but still if you want to hire her you also have to wait 8 weks until she could start...

#6 POSTED BY Susie1 (4 yrs ago)

Processing a new helper take 6-8 weeks, under normal circumstances, if this helper finds a new employer she can start the processing, then leave to go to her home country, then come back to HK when all the papers are complete to start work with a new employer.
A helper has a right leave a job by giving one months notice, just as an employer has the right to give her one months notice. If she leaves she is entitled to pay up to the last day of employment, air fare door to door expenses to her home country.
She can look for another job anytime.
Heikeli, do you know for sure her employers are treating her unfairly? do you know the employers personally? or is it just what the employee says- she could be looking for 'greener pastures' and fabricating circumstances, if she is really working 24/7 how can she let people know she is unfairly treated, if she never has any time off, and allowed no phone calls.
If you personally are thinking of hiring her, then it might be a good idea to find out more about her employers if you can,they may be reasonable people or slave drivers! to judge the helpers situation for yourself.
Just an example-----

My next door neighbour used to employ a couple, man and wife helpers, when wifes contract came up near renewal, she wanted a rise in pay-boss said NO, so she started telling the most awful lies about her employers, which were spread by other helpers she told these 'tales to', according to her he was the most evil boss ever. She left when her contract finished with him, and her husband left a few months later when his contract finished.
He stayed in their home country with their child, as they couldn't find another job as a couple. Then she had 3 more jobs on hK island, the longest lasting 3 months, she was fired from each one, a compulsive lier, and causing trouble, these poor employers were 'taken in' by her lies.
These two helpers I give as an example, used to have a great time next door, they used to invite their friends to the house most weekends when the boss was away, their friends stayed over ,they had a big BBQ party with lots of friends from their Christian Church one Christmas, I found out later, the boss knew nothing about this!! and wouldn't have allowed it.
They had lots of free time during the day, and the husband helper used to do various courses on certain afternoons in the week.
I also saw this lady helper wearing the clothes of the boss's wife, when they were both away at weekends.
According to this helper, she told others that her boss always shouted at her, she didn't get much time off, the boss p'd in the wash basin, etc etc etc.
He hired one new female helper in their place, and she does more than the couple did, she doesn't abuse her boss's home, and has plenty of time to her self as well.

If the helper is honestly mis-treated, then she has protection from the labour department, she is entitled to one full day off per week, and reasonable rest periods during a 24 hour period, but it is up to her to contact them, she is probably aware of her rights.



#7 POSTED BY beancurd (4 yrs ago)

What is her right to do to leave the family? She should phone Labor department and seek for advise what will happen if she terminated her contract with the reasons mentioned.

Can she stay in HK to look for a new employer and does she has to leave HK inbetween contracts? If she break the contract, she has to leave hk unless she file against her abusive employer, it can delay her leaving hk and have plenty of time to find employer before going back home. She can also wait the visa from Macau if she is not allowed to wait her visa here in HK. Some agencies, they offer food and housing in Macau at a fee while they are waiting for the visa.

What kind of reason for termination would be ok that she does not have to leave the country from the employers side? the employer has financial problem, death and going home for good.

#8 POSTED BY Heikeli (4 yrs ago)

than you all for your replies!

#9 POSTED BY fushingbayloo (4 yrs ago)

I am planning to terminate my helper very soon for performance and child care related problems. I plan to give 1 months pay + flight coupon + pocket money (maybe HKD500) for return to MNL.

As for immigration, I know I need to send a letter of termination, but what is the timing on that? Do I need to send it the day I verbally terminate with the DH? Do I need to present it to immigration in person? What do we do with the contract?

As for hiring a new one, we found one that has been terminated and she told me she has to return to Phil. for 4-6 weeks for processing (her visa is due 23 March), but I asked her to double check Phil. consulate and HK immigration b/c I thought if she entered into a new contract within the 14 days, she could remain in HK (or maybe exit/re-enter via Macau). She does not need to return to Phil. for personal reasons and stated she'd prefer to stay and work. Any ideas on this?

Thanks!

#10 POSTED BY beancurd (4 yrs ago)

As soon as you give her the notice, make sure have copy for Immigration by registered mail. Keep one copy for your reference.

Some agencies are handling contracts and they also arrange the place in Macau to stay while waiting for the visa. But be cautious about some agencies that are exploiting the helpers because they are forcing the helpers to sign a loan w/ high interest so that they can pay the agency in cash.

#11 POSTED BY Susie1 (4 yrs ago)

Sorry Fushingbayloo, but a new helper is not allowed to start working for you legally untill all her papers /visas are processed, can take 6-8 weeks, from start to finish.

#12 POSTED BY bipra (4 yrs ago)

I have learned a big lesson: not to employ helper who break the contract.

When I employed my helper last Auguest, I had so much sorry for her working long hours, sleep in the hallway.........
Now, she lied her mother was ill and resigned. I found out she changed to another job. Not really fair to me. I have to pay her airlines tickets and etc.....

Beware some people are using us to change job.

#13 POSTED BY bruno123 (3 yrs ago)

we were overseas when we came back we kept calling on her no could not connect sent eamil no reply the sent email to her husband he replied said she is in canada. How can i terminate her contract we only have her original contract no ID copy and passport copy.


Please help.

#14 POSTED BY Susie1 (3 yrs ago)

Contact Immigration, and give all the information you have, they will guide you what to do in this situation.

#15 POSTED BY Sahara82 (2 yrs ago)

Hi! I hope you could give me a guide on how to write a termination letter for my Employer. Thanks.

#16 POSTED BY punter (2 yrs ago)

Dear Sir/Maam, I hereby tender my resignation effective mmm-dd-yyyy.
(Sign)
put a cc: Immd, Labour Dept
Send a copy to the immigration and labour departments.

#17 POSTED BY Sonne (2 yrs ago)

Who can help?
My helper terminated her contract with one moth notice. She worked for us for 2 years ( my husband was her employer), no we just ( 2 weeks ago) renewed her contract and this time I'm her employer.
What do we have to pay her when she is leaving? We are quite disappointed.
Thanks for a helpful answer.

#18 POSTED BY miggzy02 (21 mths ago)

Hello, I just want to ask for help on how to write a resignation or termination of contract. I know someone who wants to terminate her contract. An example would help. Thanks.

#19 POSTED BY ruth.sambat (18 mths ago)

i terminate my contract with my employer,w/o one month notice.can i still process my paper here if i hve a new employer?

#20 POSTED BY hkwatcher (18 mths ago)

If you terminate with your employer w/o notice, you will owe her one month of salary. If you give her a written notice of one month, you can use that time to identify a new employer and start the process. However, under the current law you must use an agency b/c you did not finish the contract. Many girls will go to Macau or ShenZhen to wait for the new visa in order to not pay agency fees in Phil. (or back home in whatever country you come from)
After you finish your one month and go down from the employer you still have 2 weeks to stay, past that and you are subject to jail time if caught and will never work in HK again if caught overstaying.
To answer your original question and you are willing to pay your employer one month salary...yes you can get hired and process, but you will have only 2 weeks after you leave that employer.
good luck

#21 POSTED BY hardy george (18 mths ago)

As suggested above how much the maid is suffering is the truth. I have been with a helper who was worst than ever , hit my child , threatened, we as employers trust them and leave our family members due to our circumstance if it was her own kid will she treat this own way i think they have never bought up their own kid and just for money they come. I have seen maids wherein they have a problem when employers dont work and stay at home. Staying in their place and this lady used to sleep early in the night around 9 pm which employer will allow as told mobile usage should be minimal not 24 hours . This lady was pathetic every second mobile i think without mobile her life is nothing. Going on road never hold my kids hand . And she did all illegal acts in the employers absence getting someone home . Is this all right . Using mobile in urgency i think every employer can understand but once unwatched stuck with mobile then why work ? ? . if someone does to their family will they bear? And she always harrased my child scold her beat her and whole night she used to speak till 4 am . then all messed up . God such people never chose this kind of maid ever and wish no family in hk even suffer with this lady . Some maids do suffer i think due to maids even employers suffer and no peace of mind .

#22 POSTED BY shoeilamb (18 mths ago)

I have a lot of sympathy to a maid being badly treated. Therefore, I tried to hire them after I listened to their awful stories. Not sure real or fake?

I made two mistakes to employ them. They are looking for a comfortable jobs. They break their contract and they break your contract. Don't take the risk. Always look for finished contract.

#23 POSTED BY hkwatcher (18 mths ago)

Dear hardy george
While I have empathy for your situation I am also shocked that if you had a helper in your home that was KNOWINGLY abusive to your child and you did not call the authorities, you have a bigger problem than having a bad helper!
Why in heaven's would you put up with that sort of behavior from an employee?!

And she always harrased my child scold her beat her and whole night she used to speak till 4 am .

Do you know how awful the above sentence sounds?

#24 POSTED BY howdy268 (18 mths ago)

Absolutely in no circumstances would I encourage any person to employ a domestic helper who has not completed their contract and does not have references.
My night mare is about to finnish this Wednesday...our helper had not completed her contract and there is a reason.(a wonderful story we believed at the time)
She is totally unemployable...it started off all God loving and church going,
Then I came home early one day /Stupidily I had always given my schedule hoping to make the house run smoothly,
We have no children just dogs and cleaning there was never a request for her to cook for us just prepare our dogs and to walk them 3 times a day as in Routine/Came back 2 hours early she was out dogs not walked all day etc,
I rang her to say I will be back home late...she returned 30minutes before she thought I was returning/so instad of 5;30 she was expecting me at 8;30
Then I tried to get infomation on why? I was met with stone face ignorace/I then was met with her thumbing around abusing my dogs and everythime she walked passed with her whispering Stupid stupid...then when i addressed this I was met with this your crazy. Stupidly we had also met her request for a loan (idiots)Ok now with the theft of a gold braclet a 2 diamond rings and $7400 dollars stolen later,Its not that we didn't give her some exra time to herself...it is blatant disrequard for employer and the employment duties. Our New helper starts Thursday unemployable one is fired Wednesday with 2 hours and a security guard to witness her leaving/
And something all employers need to be aware my unemployable helper is a member of this organization call the Guardians its a phillipines nationalist organization has cult like memebership check out the website..I have reported this to the ICAC as I belive it is a concern for all. I am pleased as of next year we willl all have more diversity in the Hk domestic helper market.

#25 POSTED BY lagrue (18 mths ago)

Then I tried to get infomation on why? I was met with stone face ignorace

This appears to be a cultural thing in SE asia when people are caught red handed doing something that may not be the right thing to do. Not just in domestic helpers, amongst the locals I have seen it quite often too. Either that or lie!

In Western culture the person asked would say - .....I didn't walk your dogs because I've become a bit slack, I am sorry I will pick up my game or other scenario, I didn't walk your dogs because I think its a waste of time and you can forget your job! More direct!

Yes agree with the above posters who say not to hire terminated maids. There's always a reason, it usually is the ex employer's fault.

#26 POSTED BY cm81 (17 mths ago)

I am in a similar but somewhat opposite situation. We hired a domestic helper around 8 months ago to help take care of our baby. However, my wife has reduced herself to working part-time, and will likely quit her job before too long in order to spend more time with the baby. As such, we probably won't need a helper much longer and are encouraging our helper to look for other work. However, we don't want to terminate their employment until we're sure they've found another employer, because we don't want them to have to job search from outside of HK. What is the best way to handle this? Can we wait until the new contract is prepared and submitted to the goverment before we officially serve notice so they can continue working until they need to return and process there visa, or do we need to serve notice of termination before they start to process the paperwork for their new employer?

#27 POSTED BY joi (16 mths ago)

i am a d.h in hongkong before (2010)i am already in the philippines right now.my situation is that my employer is also my brother, when he got fired of his job. he decided that we should go back in the philippines.because of the situation that he cannot afford to pay my salary and other stuff.i was just wondering is that still part of breaking a contract? and i think he didnt inform the government of hongkong about it.does he need to pay me some for doing that?tnx

#28 POSTED BY mabel88 (11 mths ago)

hi need some advice.my one month notice was already chopped from immig.and my employer saw the stamped already.my last working day will be on 9th of january but she want me to stay until february.she told me she will not accept and sign it.is she need to sign it? can i still leave the country even if she haven't signed it

#29 POSTED BY punter (11 mths ago)

Not sure, but you can call the police if the employer doesn't let you go. It can be illegal detention. It's best to consult your consulate.

#30 POSTED BY hkwatcher (11 mths ago)

mabel88
You have 2 weeks to stay in HK legally beginning the 9th January before being considered an overstayer. Make sure your employer has given you all the final payments, salary, untaken annual leave, air ticket and transportation allowance as well as payment for any extra days you worked for her after the 9th (if you decide to stay). Get it in cash
Sorry, I forgot to say Yes, you can leave without signing. Keep the copy of the chopped letter for proof. Immigration will cancel your visa even if your employer don't accept it. She has 7 (or 10 I can't remember) days to give you the final settlement. If she doesn't then go to Labour and they will give you a date for a hearing. You may need to extend your visa for that but at least you will get what money is coming to you.
Good luck

#31 POSTED BY Sissi.B (9 mths ago)

Hi all, just wanted to drop a note since there are so many different types of messages in this thread.
As much as I am sure there are helpers who make up stories on why they broke their contracts (just like many people lie on the reason why they left their previous jobs... I'm a recruiter, so I know...) there are a lot helpers that fins themselves in abusive situation. Stats are scary. A lot of you probably heard of Erwiana's story, please support if you can on www.justiceforerwiana.com.
Hong Kong legislation is not fair to Foreign Domestic Helpers - in so many areas, they don't have the same rights as all other foreign domestic workers. The two week rule, together with the live in rule and the illegal fees that many helpers are forced to pay, make them too scared to break their contracts, even if they are in abusive situations. Please read through our campaign webpage, www.HKhelperscampaign.com. I hope you may join us in asking for fairer conditions for FDW in our city.

#32 POSTED BY Sissi.B (9 mths ago)

Hi all, just wanted to drop a note since there are so many different types of messages in this thread.
As much as I am sure there are helpers who make up stories on why they broke their contracts (just like many people lie on the reason why they left their previous jobs... I'm a recruiter, so I know...) there are a lot helpers that fins themselves in abusive situation. Stats are scary. A lot of you probably heard of Erwiana's story, please support if you can on www.justiceforerwiana.com.
Hong Kong legislation is not fair to Foreign Domestic Helpers - in so many areas, they don't have the same rights as all other foreign domestic workers. The two week rule, together with the live in rule and the illegal fees that many helpers are forced to pay, make them too scared to break their contracts, even if they are in abusive situations. Please read through our campaign webpage, www.HKhelperscampaign.com. I hope you may join us in asking for fairer conditions for FDW in our city.

#33 POSTED BY slowdive23 (7 mths ago)

Would someone mind telling me that if a helper decides to terminate the contract (in our case, she has to go back to the Philippines to take care of her sick mother), whether or not the employer has to pay for a flight ticket back home? This news came just as we booked our vacation in Vietnam.

She has only been employed with us for 16 days.


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