Terminating a contract



ORIGINAL POST
Posted by CFS 20 yrs ago
I am planning to terminate my current helpers contract this coming weekend. She has only been with us for 3 months and although came highly recommended is not working out. I have already spoken to her twice about not meeting my expectations so she's had some warning but I don't think she's expect to be fired. I am going to ask her to leave when I give her notice and just pay a months salary. Is this fair ? I feel a bit guilty about just asking her to leave but on the other hand don't want to be left at home with her with a bad feeling, afterall I want to be comfortable in my own home (I'm not at the moment). Also I don't know if I can trust her once she knows she will have to leave.

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COMMENTS
ladyfrog 20 yrs ago
I've terminated my helper 2 months ago and I regret I gave her 3 days before to leave the house in order to arrange a place where to go. The atmosphere was horrible during these 3 days, she had a terrible attitude, so really, I would recommend you to let her go the same day.

As for the papers, you need to give her a written notice that she signs and then send this paper to the Immigration (so you can transfer the levy to your next helper). My advice would be that you go to Immigration before to terminate her, so they'll explain you what to do and give you all the required papers to fill in. You just need to go at the information desk, so it's very quick.

Good luck and I'm sure you'll find someone you'll like. If you don't feel confortable with this helper, you're making the right decision to terminate her, especially after 2 warnings ! Your house is YOUR place !!!


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Mighty 20 yrs ago
Yes just terminate her on the same day and no need to worry that she has no place to go. Loads of boarding houses for them and she knows, much better than you and me. Dont forget to ask her to sign and acknoweledge receipt of what you give her, for e.g. one month's salary in lieu of notice, money in lieu of the air ticket back to home country (one way), HK$100 (check this figure) as travelling allowance before she can go back home. I m sure you get lots of things to sort out so I dont think going to the Immigration in person is necessary. Letter of termination can be faxed/mailed to Immigration.

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CFS 20 yrs ago
how much do I need to give her for her air fare ?

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abby78 20 yrs ago
if you will ask your helper to leave on same day as you terminate the contract then you have to pay the days she worked and one month pay in lieu of her one month notice, with the airline ticket.

try checking out the airline how much the one way ticket from HKG to her country.


And yes remember to ask her sign a paper that you paid everything. You can also email the immigration if you want to make sure, they will get back to you in a day.



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Outdoors 20 yrs ago
Legally I believe you're supposed to provide a return plane ticket, not cash in lieu of a return plane ticket.

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bobbo 20 yrs ago
It's only a one way ticlet home and yes, legally, you need to buy her a ticket as opposed to handing over the cash.


The Employment and Immigration Dept websites are v. useful and have all the precedents that you need to use.


Althoug it's quite stressful, the best way to do it is to terminate and ask them to leave within the hour and arrange a time to come back to pick up rest of their belongings. I would also line up somebody to change the locks the same morning as you termiante her.

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abby78 20 yrs ago
well about the locks....your helper will be the craziest person if she will dare to come back after you terminate her. No guard in the lobby? just inform them thats all.

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CFS 20 yrs ago
we are about to go back to the UK for 2 months and her sister is employed by another family in the same building so it's not a bad idea

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Oceanview 20 yrs ago
I thought you have to have a valid reason to terminate DH (i.e. you are moving out of HK). Are you legally allowed to terminate DH just because you don't get along with her? I want to terminate mine although she has not committed any major crime. I'm just not happy with minor things but there has been too many of those minor things and they are building up.

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ladyfrog 20 yrs ago
Oceanview, I terminated my helper 2 months ago for "incompatibility with the family". She wasn't respecting our directives and was very moody. Except from that, she was a great cook and the house was very tidy. But also she wasn't very good with our 1 year baby, she was always trying to escape from playing with him !

So, yes, you can terminate a helper if you just don't get on with her.

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Oceanview 20 yrs ago
Thanks momohead for the info. Now I'm in a delimma. I want to terminate the contract because she is not quite up the standard I expected yet it's not like she committed serious crime. It's just a series of lots of little things. Soundslike terminating her would end her career which seems too harsh. Now I don't know what to do.

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CFS 20 yrs ago
you have to think what's right for you and your family. It's the small things that aren't done right which often end up annoying you more than a major incident. How long till the end of her contract ? If you give her a reference she still stands a chance of being reemployed. The helper I dismissed wasn't bad just not the right fit for our family. You can tell this to any prospective employers.

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Outdoors 20 yrs ago
Terminating a helper doesn't have to end her career. I terminated mine for being extremely moody and uncooperative. I also told prospective employers that called me why I terminated her and advised against hiring her. Nevertheless, she still managed to get a new job within the two weeks following termination that immigration allowed her to stay in HK. (I presume she did the standard line about employer leaving HK and not having any contact information.) After finding a new employer, she flew home while the paperwork was done and has since returned.

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Oceanview 20 yrs ago
Outdoors, how long was your DH with you before you terminated her? I had mine for almost a year now and I'm getting very tired of her sloppiness. It's a lots of small stuff - really small stuffs that I'm getting sick and tired of and she is not improving. For example, she never zip ziplock bags properly when storing food, or never closing the lids on jars properly or she would iron a shirt but forgets to iron the left sleeve. Initially, I used to remind her repeatedly and correct things after her but I'm getting really annoyed now. She has pleasant personality and she never gets angry nor moody even when I criticize her these things in unkindly manner. Am I crazy thinking about terminating her over these small stuff? Am I expecting too much from DH?

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abby78 20 yrs ago
hey ocean you are lucky that she can still smile when you criticize her.....


what you have to do is talk to her...try to make things easier for both of you....you are the boss remember that...you employed her to do the things for her, and she have to do it correctly(you have to remind her of that!) as Darling said its hard to find a reliable DH this time...you have to be a bit patient..anyway she is with you for a year now.

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wendy7 20 yrs ago
I disagree with Darling....sloppiness and carelessness is a big deal...you PAY her to do the housework and not for you (or her) to re-do slack work. I frequently had to re make the beds and the like cos our EX helper's attention to detail was lousy. They are supposed to help, not create more work. It isnt that difficult to find a super helper. There are always families repatriating and highly recommending their helpers. The "little things" are the attention to detail things. If you and I worked in a store and forgot to charge folk regularly for an item here or there or didnt complete our tasks we wouldnt last too long. All the best. The amah dramas just arent worth it. Our ex helper was slack and moody....not a good combination. We were exceptionally good to her with both conditions and pay....I just dont get some of these helpers.

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ShazP 20 yrs ago
Oceanview, dont feel guilty or bad. You DH is not upto standard, so you dont want her. Inspite of knowing what her job is & also that she can be terminated anytime, she is not upto the mark. Dont forget, she too only has to give you 1 months notice if she chooses to leave you. You are doing everything legal. Get a better DH who will give you peace of mind ( hopefully). All the best :)

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:-) 20 yrs ago
By reading all the messages posted here i can tell one's attittude some bad some good...shame on those have bad attitude....

Spare Rib hk-your maid must be hates you! you just don't see it..

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ShazP 20 yrs ago
LOL :-). Thanks for that comment.

If my DH hates me, she certainly does not show it. I fact, I am blessed to have her.

We are having some discussions in these threads, you should try to keep calm & in control :)

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