Release Letter

Have looked through previous threads on this but am none the wiser :-) My helper does not want to renew her contract as wants to move to Canada (apparently). I say apparently as she has now asked for a 'Release Letter' which she wants dated the last day of her HK visa NOT her last day of employment with us. Why would she need this if she is genuinely moving to Canada ? It does not bother me per se if she is moving to Canada or changing employers in HK BUT it may bother any future employers if she is not being totally upfront.

Do I have to give her a Release letter if we are at the end of the contract or not?

We have agreed her move out date and will give her monies outstanding and ticket home but any other obligations from us? She had two weeks paid leave last year and air ticket back home paid by us as a 'gift'.


Thanks!

PS Have informed immigration of her last day of employment in process of hiring new DH......

I don't think the OP will benefit from writing a release letter in this case and she is under no obligation to do so.


If I were in that situation I would give the helper a release letter that stated her reason for leaving as 'going to Canada' and stating the date of her last day of employment. I agree that it will probably bother any possible future employers of this helper if she is not being upfront with them, and this kind of release letter should prevent any misunderstanding.

The release letter is about the last date of employment....not the visa date.


Once employment has been terminated, through whatever means, the helper can stay in HK for no more than 2 weeks...and then you may have the situations mentioned by beancurd....


also if she owes money to people beforeleaving, the credit companies will come to you and ask for a copy of the release letter.

I have always understood the release letter to be a form of reference, for the helper’s benefit. I think they are more common when a contract is broken early, then when it is just completed and not renewed. Of course you can write a reference at any time, but especially when a contract is broken it is useful to the helper who can explain to prospective employers that the contract was broken for your convenience and not due to cause.


You said that she does not want to renew her contract. So I am not sure the discrepancy about dates. I would think it would be dated on our around the date of the contract expiration, which is when she would be leaving. If it is at expiration, why would any precise date be important?


I have heard that the Canadian consulate does require a release letter as part of the visa process, which would include details of her responsibilities. For example, if she were to go to Canada to look after children, the consulate wants a release or reference letter that says that here responsibilities here in HK included child care. So this does not sound unreasonable.


I don’t think you are obligated to give her the release letter, but it is the right thing to do. Be honest but fair.