Proper Procedure to terminate DH

I am planning to terminated my DH and I would like to get some advice on the termination procedure.

My DH has only worked for us for 3 weeks, do I have to pay her a full month of salary or a pro-rata salary based on the number of days she has worked? Is it true that even though she has only worked for us for 3 weeks we still need to give her one month notice to terminate her?

If I wish to give my DH one month salary for payment in lieu of notice and a one way ticket back to Philippines, can I ask her to leave my apartment right away? (I will get her to sign off the payment reciept and I understand she can stay at her church for HK$10 a day) Also, should I buy a fixed date ticket? How many days should I let her stay in HK after I terminated her? Should I notify the Immigration Department right away? Is it true that Immigration Dept allows the DH to stay for 14 days to look for another job? Do I need to give her the release letter?

Many thanks.

Also regardless of how long she stays after being terminated she will have to go back home to apply for another contract as this is standard procedure if a helper's contract is terminated early.

If you are the one terminating her contract, you can do it in one of 2 ways:


Choice 1 - Give her a summary dismissal. This is very serious. She has to leave immediately, with salary pro rata for the 3 weeks worked & provide a one-way ticket home but no payment in lieu. You can only do this if she's done something seriously wrong. Examples include stealing, hitting your children / elderly, refusing to obey your reasonable and lawful instructions.


Choice 2 - You can pay her one month's salary in lieu of notice in addition to pro rata payment for the 3 weeks worked + plane ticket and ask her to leave immediately.


In both cases, you should inform Immigration in writing.


Many people choose to give a month's payment in lieu even if they have just cause for summary dismissal because they are worried the helper will make a fuss or even try to complain to the Labour Department. However, you do not HAVE to give her that if you really have just cause for a summary dismissal. The other thing about a summary dismissal is that the helper might (falsely) tell you that you don't have the right to do that (but you do!).


Whichever method you choose, don't give her any money, tickets or anything unless she signs to say she's received it. No signature - no money.


About how many days she can remain, the max is 14. I personally would buy a ticket with a date 14 days after her last day of work UNLESS I had good reason to suppose she might use her free time to go scratch my car / break into my apartment etc. If you do suspect she would do such a thing you can buy a fixed date ticket for the day after her last day of work. That way she will be obliged to leave Hong Kong, or else buy herself another ticket.


If the situation is not amicable, do protect yourself by doing everything 'by the book'. Good luck!

Thanks very much for your advice. By the way, for the plane ticket, do I just go to any travel agencies and get a cheap ticket from Cebu airline?

Should the ticket cost around $800 only? (sorry for all these questions as I have never done this before..)

Thanks.

Sorry - one more question:

I've already paid the first installment of the levy ($2400); what happen to the money if I terminate my DH now? Do I get a refund?

Thanks again.

unfortunately you don't get a refund for your levy but if you get another helper within 3 months(?), the levy can be applied to the new helper. As for the air ticket, you can purchase an e-ticket on-line from http://www.cebupacificair.com/ You can even get tickets for as low as HKD300 + taxes (depending on the day of departure).

Thanks you ladies - am terminating my helper tomorrow - thanks for all your tips!