Posted by
DC2HK
12 yrs ago
We are coming to the end of my helper's 2-year contract and have decided not to renew. Her contract ends on April 15, but she has told us that her last day will be April 2 so she has time to find a new employer. She said her agency told her she could do this because it was within 14 days of the end of the contract.
I have no problem letting her go on that day, but I wonder is it:
1) legal?
2) if so, do I only pay her for the 2 days worked in April?
3) is it still viewed as a completed contract?
4) Other than the price of travel home, do I owe her anything else? During the course of the contract we gave her far more than the required 14 days annual leave.
I've tried searching Immigration's website and couldn't figure it out. Also tried calling Immigration and haven't been able to get through.
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If this is your helpers first contract with you, she is only entitled to 7 days annual leave per year worked, that is 14 in all, on top of any national holidays.
If her contract finish date is April 15th, Then she should by rights work till that date.
She will be due any wages to the 15th, plus her one way ticket home (which can be dated exactly two weeks after she has left your home on the 15th, and 100hkd per day for travelling, as for some it takes 2 days to get home.
She is entitled to stay in HK, after 15th, to look for work, but must leave at the end of 2 weeks. You do not have to pay any of her expenses after she has left on 15th.
Make her sign for any wages due, and for the air ticket, in the presence of another person you know, not a friend of the helper, then she cannot turn round and take you to the labour dept for anything she thinks you owe her-- many helper try to extend their stay in HK by doing this, and also scam extra money out of employers.
The two weeks she is allowed in Hk is after completion, not before as she would like it to be.
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I think what she's talking about is the early release,which is 14 days before the contract ends but that is in replace of unused annual leave but since she already have, she has to finish her contract.
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