Some points on DH termination

You try your best to find the right person, but sometimes it just doesn't work out. Maybe she's lazy and dishonest, maybe you're a pompous, demanding, neo-colonial jerk. Either way, if the relationship has to end, you need to be very, very careful.


There are four lawful ways to part company with your domestic helper before her contract expires:


* Summary dismissal. That means you sack (fire) her, paying only for the days she has worked, her return fare to her place of origin, and any unused, pro-rated annual leave. You need to have a VERY solid reason for this to stand up in the Labour Tribunal, such as gross negligence, theft, or refusal of a direct, reasonable order within the course of employment. If a judge finds that you've dismissed her summarily without cause, you're liable to pay the value of the *entire* contract plus heavy damages. Note that Labour Tribunal precedents frequently mention the "power imbalance" between employers and DHs, and encourage rulings that redress this imbalance. Intellligent helpers know all this. They also know that the Immigration Department must extend their visas if there is ongoing litigation.


* Payment in lieu of notice. You pay an extra one month's salary, plus pro-rated annual leave and return fare to her place of origin. This is the preferred method. It's fair and rational (for the employer, anyway), and largely without risk.


* One month's notice. In theory, you can give her one month's notice and expect her to work that month. You still pay any unused pro-rated leave and her way home (eg, an airticket to Manila and bus fare to her home province). You need to be on pretty good terms with your departing DH for this to work out. Do you want an unhappy, angry helper skulking around your house for 30 days?


* She quits. Your DH, too can give one month's notice. She has to work the whole month in good faith. If she just leaves with no notice, she can only claim return fare, unused pro-rated leave and pay for all days worked. In theory, you could sue her for breach of contract. Good luck with that.


Hope this is useful. Check out the Labour Department Web site, too.

pristine2...good information for those who are unsure how to go about it. I'm sure it will be helpful to many. Thanks!