Posted by
kungfu
20 yrs ago
Due to a change of her family situation, my helper has recently tendered her resignation verbally. This is her second contract with us and I have paid in full for the government helper levy for the current contract. Can anyone advise me on the following?
1. My helper is saying that I don't need to file any paper to the immigration dept. She will give me a back-dated written resignation at her last day (3-31-2005.) Is this the only document required for a resigned helper?
2. Will I be able to process a new helper's visa before my last helper has left HK? Will I be able to transfer the paid levy to the future helper?
3. I know that I have to pay for a one-way ticket for her to go home. But in this case, she's going to Canada. If I contribute her airfare to Canada, can this equal to the one-way ticket to her home country?
Any advice much appreciated.
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wz
20 yrs ago
1. read the contract. if she does so, it's definitely good for her, but not for you, neither for the immigration law. I dissmissed my helper a few months ago. She was supposed to stay in hk for only 14 days after the termination of the contract. I dont' quite know the case for a resigned helper, but I think 99% the same.
Besides, it's your obligation to inform the immigration office right after the contract terminated.
2. I don't knwo the visa things, but i know some people have more than 1 helper. I believe you can transfer the levy to the future helper, but of course you got to let the office know that your current helper's gone.
3. I know most of the helpers here from Asia. It's surprising that your helper from Canada. I think you should pay the ticket for her going back her country which you promised when you recruited her. Like me, I promised the Indonesia Consulate I will pay for her going back Indonesia after the contract terminated in any circumstance. Anyway, you better keep a photocopy of the ticket or a receipt in case you have any troubles later.
good luck
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blcwc
20 yrs ago
1. Your helper is wrong. Inform the Immigration Dept immediately (once resignation is confirmed) about your helper, stating clearly the date she's leaving your home. This is to protect yourself and your family as she is your responsibility when in your employ. You don't know what she's going to get up to when she leaves, so you have to make it clear to Immigration that as of whatever date, she's no longer your responsibility.
2. Yes, and yes. You can (and should) get your new helper's paperwork processed now otherwise you may have a gap in between helpers where you have no help. You can also transfer the paid levy to your new helper (there is a 4-month expiry date, so you have to make sure it is done within 4 months otherwise you lose all the money).
3. You only need to pay her a one-way ticket to her home country. If she's going somewhere else, just give her the equivalent of whatever it is to her home country. Make sure you have all the payments documented clearly on your letter of release (to be forwarded to Immigration), listing itemised items and ask your helper to counter sign. Protect yourself!!
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