Posted by
Chris9454
10 yrs ago
I want to dismiss my helper. She is a wonderful person, but somehow she makes mistakes (sometimes very costly ones) all the time. We will have to part ways eventually. However, since I like her very much as a person, I want her to have enough time to find another job in HK. What should I do?
This is my dilemma: I don't believe in telling her in advance that she will be dismissed and have her still stay with us in the house - I think it puts my family in unnecessary risk. However, I want her to have enough time to find another job in HK because she is a good person and she is still putting her kids through college.
I understand that HK law requires her to leave HK within 2 weeks after termination. Is there a LEGAL way for me to dismiss her, have her leave the house, and give her more than 2 weeks time to find another job? Money is less of an issue as long as I can have this handled properly.
I am thinking about potentially having her take a "vacation" in Hong Kong, but stay outside my house during the "vacation". Would this be legal?
Thanks for your help!
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Thanks Cara. I am keenly aware that I am trying to bend the rules a little.
Suppose I give my helper one week off now, and dismiss her next week. This should be ok, right?
On her week off, she doesn't have to stay with me, right? Because it is her week off? Or is it mandatory for her to stay with me even on her holiday?
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Thanks Malka. I will explore the Macau option.
My helper is a very trust-worthy, hardworking and caring person with very good attitude. It's just that she is not the brightest. The problem is that both my wife and I work long hours. Left unsupervised, that's when our problems arise. I strongly think that she is a very good helper if one of the spouses stays home. It is really a problem of fit given our work circumstance.
This is why I would really like to give her the best chance of finding a good employer. I am very torn. If one of you need to find a helper, or knows someone who needs one, please contact me!
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If she is trust worthy, hardworking and caring with a good attitude, then you might end up replacing her with someone who turns out a lot worse.
It has been my limited experience that helpers NEED supervision otherwise disaster happens. And a lot of times, employers do not realize what has happened in the home.
My helper (whom I think is the brighter of the bunch) still does stupid stuff, and I have to say " No, I did not tell you that."
For example, she defrosted meat and then put it in the freezer again. She tumbles dry clothes for one hour with plastic peg inside. Instead of using a chopping board, she has several times been caught chopping tomatoes and brocoli on the palm of the hand). She has placed uncooked pork oozing with blood on top of a packet of opened ham. She constantly left the baby gate open
despite a sign stuck on it saying "keep locked" ...and when someone tried to open the door to my apartment and insisted in coming in, she "forgot" to tell me. And all this despite her having worked in HK for more than 16 years.
So, you need to put some effort into supervising her. Stick notices up. Write it down in a book so that she looks at it.
If you are expecting a domestic helper to run your house like a proper housekeeper, it will not happen. You need to micro manage.
If she is a good helper and trustworthy, then spend some time trying to fix the proper and make sure you write down a list of what she can do and cannot do.
The next helper could be a lot worse
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Thanks Stawberrypie! I was writing a reference letter for her and came up with the same conclusion. What she has is more important than what she is doesn't have. Thanks!
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Chris,
There are a few circumstances under which an FDH can legally end one contract and begin another without having to leave HK. Death of employer, employer re-locating, employer unable to pay helper, are the common ones I've heard about. If you were to terminate her, say, on grounds of not being able to pay her, then when it comes time for you to hire a new helper, the Immigration Dept would most likely scrutinize your application and ultimately may not approve it. So be careful with this one. Do not mis-represent facts to the Immigration Dept under any circumstances. People have gone to jail for this.
Other than that, there's no straightforward legal way to let your helper go that won't require her to leave HK within 14 days. That said, it's very common for FDH's to line up new employers within this period, then go over to Macau | Zhuhai | Shenzhen while their visa application is being processed. Once approved, they have a friend bring it over to them, slap it in their passport, and re-enter HK on the new visa. Perfectly legal and happens all the time.
If you really want to help her out but don't want to do anything that jeopardizes yourself or her, then perhaps you help line her up with a new employer before terminating her. That way she's got a new employer in the bag and doesn't have to worry about scrambling around to find a new employer w/in the 14 day window. She'll still have to leave, but at least her next step will be assured.
Hope this helps!
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Heard that the Immigration is now imposing stringent control but not approving visa if the FDH has just exited to Macau/China now. They should be back to original place as signed on the contract before starting another one with Immigration approval on contract and visa.
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If she is a 'good person' then why giving a month's notice would put your family in unnecessary risk?
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Is it possible to give a notice period longer than 4 weeks?
We want to process a new helper, but given she will need to go home etc, we don't want to be inconvenienced!
Thanks!!
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thisisme456
You enquiry is echoed in another thread.
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Although she;s good but no common sense, in helper works you need to used your common sense how can your employer appreciate your job if your not using your brain I;m not a perfect helper .... but as a helper you have to do your job with love and care ....and less employer;s supervision...
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jingjing2011,
Well said. Would like to hire people like your mentioned type.
Not only to "helper" field, actually all employers require their employees in whatever fields to do the things sensibly and logically. It is basics in job market.
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