Payment of Termination

My helper purposely delay the settlement of the termination payment. She didn't show up at the scheduled time a few times. She said she's going to sue me in Labour Department for late payment. What should I do? Is it enough to keep the SMS messages to show I have put in effect to arrange settlement with her?


And can I trash her things if she doesn't come back to collect them? How long should I keep them?

Idealy when you terminated the helper, you should have had all the air tickets, money owed ready at the time of termination, and given them to her with a witness present while getting her to sign for what she has been given.

If she has been with you for less than two years she is owed

Airfare (one way ticket) and travel cost from your place to airport, and to her home place wherever she lives. If you did not pay the airfare to HK at the beginning of the contract, then you will owe her that as well.

100hkd per day travel food allowance.

Any wages due, to her last day of work, or payment of one months wage in leui of notice.

Any Holiday pay she may be due.

Alway hand these over clearly listed as to what each payment is, then always have evrything witnessed and signed for.

DO KEEP the SMS messages you have, to show she has ignored them.

DO not trash her things yet, as she may come back for them.

Did you inform Immigration within 7 days of firing her, with the reason for firing, and if it was for theft which you can prove then you should also report her to the police.

Her trying to delay collecting her final pay, and threatening to sue you is a ploy many FDH's use to stay here longer.

If she has had a key to your home, make sure you change the locks so that she cannot come in and take her things, maybe inform Imm or police that you will hang onto her stuff in safe care until she has collected her Ticket etc form you, and then pack her stuff and have it ready when she comes to your door.

She could be telling all sorts of lies now to try and get another job, and if she has been fired 'on the spot' from you then technically she has only 2 weeks from being fired to get out of HK.