How to handle new & old DH overlapping contract dates

I am in the process of hiring a new replacement helper. The problem I have is that the new helper is currently in HK. She completed her contract with another employer but does not want to return to Philipines. Her visa expires this week. I really like her so I had the agent process her papers. Her visa will be approved sometime late April.


The problem is my current helper does not finish until end of June. I only have one room to accomodate one helper and I am reluctant as well for both helpers to meet. The agent told me despite I can release my current helper up to one month earlier (i.e. May) before her official contract end date, I still need to pay the new helper as if she is employed by me, as soon as her visa is approved.


Is there a way I can avoid paying the 1-2 mnths salary to the new helper as I do not need her services? I made it very clear to the new helper that she will not start work until late May. I amn willing to chip in for her food and day to day expenses but not the full month salary. Also it would look bad on the current helper if I terminate her early as we have an ok relationship now.


Any suggestions will be great!

Give your existing helper a written 30 day notice. She will work until the 30th day. Notify Immigration (there is an online form you can use and fax or mail it to them)

If you want her to go earlier than the 30 day notice, you have to give her one month's salary instead plus the air ticket and travel allowance and any untaken annual leave. It is up to you how to handle it, Labour Dept says either give a written notice of 30 days or 30 days salary instead.

Remember the 30 days must be in writing.

Beginning with the first day the visa is chopped with the new helper you are "on" with regard to salary, food and lodging. Otherwise you will be putting yourself at risk because you are the employer of record. Try to get the termination of the old helper finished on the day the new helper starts working. That way you won't be paying for 2. Ask the agency who helped you to figure the timing of the departure and new arrival and final paperwork.

If you want the old helper to find another job, write a nice letter and let her use it as a reference to find another job. You can say that she was terminated early only because the visa of the replacement arrived early and that you would have kept her until the contractual end otherwise.

Good luck.

Thank you so much!