Posted by
HKthepeak
12 yrs ago
Hi,
I am currently trying to hire a helper that got released early from her previous employer. She is Filipino. How do i go about hiring her? Does she have to go back to the Philippines or Macau for a couple of weeks before i hire her? she is bring documents around this evening - she tells me she can start immediately - any advice would be much appreciated - thanks
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Firstly, advice given here are just that. You need to confirm with immigration. You need to look at the reason why she was released. There are reasons where the helper doesn't need to leave HK immediately (or you can also say, she can work for another employer without leaving HK BUT after the new visa is released).
If the previous employer released her because of (1) financial problems that the employer can't pay the helper anymore, (2) leaving Hong Kong, (3) death, then she can look for another employer and start working for the new employer (again, note that the new visa needs to be issued by Immig Dept first).
Aside from these reasons (and others that I'm not aware of), the helper can stay in HK for max of 2 weeks (sometimes Immig Dept extends this) and look for another employer, and help in processing the papers. She needs to exit HK when the visa given her expires. Wait for the visa to be issued (usually in her place of origin). Hope that helps (or at least gives you an idea).
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We were in the same situation a few months ago. Our helper was released a few months into her 3rd contract with her previous employer, due to them having to leave HK. As she had been back to Manila at the end of her last contract with them, just a few months prior to them leaving, she didn't want to go back again so soon. As we had already agreed to employ her, Immigration agreed for her to remain in HK as long as she took leave back to Manila within 12 months of her new contract with us. However, she was not able to take up employment with us until all the documents had been submitted to Immigration/consulate, and her new employment visa had been granted. In total, the process took around 3 weeks.
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Thank you both, you have been really helpful. My prospective helper was released due to 'not following instructions' so not for the 3 reasons that 'Punter' stated....maybe this will make things a little harder. Anyway, i will post what happens in case anyone else needs the information. My partner and I are going to get the documents processed through an agency its only $500. Thanks again.
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HKM3
12 yrs ago
If she was released for "not following instructions" that means she was terminated and will have to leave the country until her application has been approved. This could take up to 6 weeks, and a bit longer because of the upcoming holidays.
I caution you to speak to her previous employer(s). Just because someone interviews well does not mean that they are qualified - or competent - or capable of following instructions. No one fires helpers as a hobby - it's expensive for the employer to terminate early and I suspect they would have had a valid reason to do so.
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HKM3
12 yrs ago
Oh, and it is illegal for her to start immediately if she has been terminated. She is only allowed to remain in HK for 2 weeks following termination.
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"No one fires helpers as a hobby - it's expensive for the employer to terminate early and I suspect they would have had a valid reason to do so."
A helper can have quit because of abuse or very bad working conditions. This is not uncommon. Certainly check with the previous employer but remember there are two sides to every story.
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axtpatguy38, the helper herself has not told the new employers that she was abused or the working conditions were bad. In her own words she failed to follow instructions. I would second HKM3 on proceeding with caution and to verify with the previous employers. If they tell you the same thing, at least you know this helper is at least honest.
It doesn't mean that terminated helpers are all bad eggs, it means that overall there are good ones mixed in with bad ones. And the bad ones can be pretty bad, thieving, poor working attitude, and yes expensive for you to terminate should the need arise.
At least with a completed contract, you know the pool of helpers on average will have more good helpers than bad eggs (in comparison to the pool of terminated helpers). Its just a probability equation.
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I recently hired a terminated helper ( two months ago). Frustrating experience. She went back to philllipines to wait for visa, took a long time, partly because of agency incompetence and immigration bureacracy. Main point being the signature on the letter of release, and the signature on the previous contract were different. In the end I had to get involved, phone immigration, talk to them and explain, cajole, ask them to call previous employer rather than write etc.still took 6 weeks. My kids got a good lesson on how lucky we are to have helpers in that waiting time so it wasn't all bad !
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