Helper terminated due to the employer being transferred out of the country



ORIGINAL POST
Posted by donnaclews 12 yrs ago
Does she need to go home first before I employ her?


The information regarding this is very vague!!

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COMMENTS
yufie 12 yrs ago
no need go back their home..

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Devotedworker 12 yrs ago
Base on what i heard, they usually needs to exit while waiting for the visa. She can opt to exit either in her country or in Macau.

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Tominhk 12 yrs ago
Hey Cara, is there anything on the Immigration Departments website to say this? I have just spent the last hour searching away.


We have just signed the papers for a new DH who was terminated due to financial reasons. She thinks she needs to go to an agency, but we have heard she can go direct to Immigration.


Do you have any links so we knwo for sure. We want to process the papers as quickly as possible.

thanks so much!

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housed 12 yrs ago
So in the event that we hire a helper who is now being released halfway through a contract because her current employer is transferring to Singapore, does that mean HK Immig will issue her a new two-yr visa for us, while allowing the helper to delay returning home for one year (much like a Renee contract situation)?

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Sapphire 12 yrs ago
Yes, that is exactly the situation we had last year. Our helper was terminated mid-contract by her previous employer as they were leaving HK. Immigration issued her with a new 2 year visa to work for us and they allowed her to delay her leave, as long as she went sometime before the end of her 1st year with us.


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noodles33 10 yrs ago
Hi Sapphire, I know it's been a while since your post, but in case you (or anyone else who's gone through this) remember, was your helper able to stay with you in HK while she waited for her new 2 year visa to work with you?

The reason I'm asking is because my family is moving out of HK and I will have to terminate my helper mid-contract (on the day my family leaves HK). So if she were to go work for my friend/new employer, is she allowed to stay in my friend's place while she process the new work visa OR must she find some boarding house to live in while she waits for the new work visa to process? THANKS!

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pkw888 10 yrs ago
Noodles33, just to clarify, are you saying that your current plan is to notify & terminate your helper on the VERY DAY of your family departure from HK?


While awaiting your response, needed in order to provide you with better info to your question, the short answer is ... by giving her such little (in fact, zero) notice, you are essentially restricting her opportunity of securing work with a new employer, simply because she will be permitted to remain in HK for only 2 weeks while finding a new employer, and completing all the necessary paperwork with the respective authorities (ie both the PH & HK immigration)!


I have personally witnessed a few helpers who just couldn't make all this work within that tight 2 weeks window ... and were unfortunately forced to depart HK before securing work with a new employer. And in the vast majority of cases that we know, that is essentially the "kiss of death" because few (if any) new employers are willing to then wait several weeks to reprocess all the EXTRA paperwork as well as be burdened by the EXTRA expenses required by law to work through an agency (current average range is $5k to $6k and up)!! In fact, other things being equal, the ONLY competitive advantage that your helper has (at the moment) is that she can be readily re-employed WITHOUT needing to leave HK; but that will disappear the second she steps our of HK ... caveat emptor!!!


In short ... if you are really trying to help her as you claimed ... then give her as much notice as possible (but definitely not on the very day of your family departure from HK).

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noodles33 10 yrs ago
Hi PKW888,

Thanks for your reply. However the truth is either you mis-read or somehow missed the detail from my previous post because I am actually giving ample time to my DH, TWO months notification of termination in fact of our family being relocated out of Hong Kong.

I have actually gone a step further and secured her a new employer (I said my friend in the previous post) in line to employ her but I just needed some clarification simply because my family is taking our helper out for a small vacation overseas as a "thank you" where she will return to HK on her own, and we depart for our new country of employment respectively.

So again, my question is, once my DH comes back to HK from her "thank you" vacation from us, with her Contract Release date being the day AFTER she gets back to HK, is she allowed to stay with her new employer (HK) while she start processing the new employment paper work? -- And also, must a change of employer be made to immigration prior to her termination of contract due to employers making an external employment transfer? Does the 2 weeks extension of visa apply to her?

Please don't make me sound like such a horrible employer. I'm not perfect, but I'm definitely not so heartless as what you claim I am in your post.

Thanks.

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noodles33 10 yrs ago
The info on the "termination of contract with employers moving out of country" is just so limited online and in print on the DH contract booklet (as kindly posted by Cara earlier) that I must ask here on this forum only because I want to make sure my helper is taken cared of when I'm gone.

I'd much rather have her stay with her new employers whom is a friend of mine where I know she'll get a decent bed to sleep on than in a dodgy boarding house somewhere in town... with enough time allotted for this employment transition.

I will reflect to immigration on this lack of info in hopes they will clarify and rewrite this portion of the Termination of Contract/Change of Employer in F&Q for future use.

Thanks all.

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gíe 10 yrs ago
Hi noodles33 , when the termination of the contract is due to financial reasons or employer's relocation, it's considered "finished". When the contract has been in process for visa approval she can stay at her new employer's house while she wait for the visa, and yes, she will requires to go back to her place of origin within a year after the date of the visa released.

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noodles33 10 yrs ago
Thank you Gíe for your explanation! Glad to know the helper can stay safely in the new place of employment while documents are being processed. The immigration wouldn't give me a definitive answer on this when I asked.

And just for all future references, three different immigration staff confirmed with me on separate occasions that helpers with terminated contracts due to employer relocation are granted 14 extra days of stay from date of release to look for new employment in HK before deportation. (But obviously it's better to find new employers before termination date, and that helpers are allowed to process new employment contracts/visas up to 30 days in advance before date of release from old contract.) Severance pay is optional at employer's discretion but long term pay is only needed if helper has worked for same employer for five years and over.

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ccgarcia27 9 yrs ago
Hi just want to know if a terminated helper can process her own papers in changing employer not by agency?

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