Posted by
kooni
18 yrs ago
his current contract.
Our situation is that we would like to hire a helper who is currently working in an abusive environment. Basically, this helper has not been paid regularly, isn't reimbursed for HK$1000's of household expenses for months at a time, forced into uncomfortable situations, etc... Anyway, he wants out and we would like to hire him. We have known him for almost a decade through his previous employer, so I know he has just found himself in a very bad situation.
That all said, what is the smartest way for him to terminate his contract without causing him to lose further pay or to cause bad blood? Obviously, we would like to have him start for us asap, but with immigration/visa, this will not happen for a few months.
Advice? Thank you.
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@@
18 yrs ago
For a FDH
He just needs to give his employer a letter terminating the contract, either with one months notice or he must pay one months salary in lieu.
If he wants he can get out of giving notice if he wishes to terminate the contract claiming the abusive nature of his employment.
He is a link with the details:
http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
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@@'s right. He has to give his employer a month's notice or pay one month salary in lieu of the notice. If you need help, you may call my sister's agent, Mary at 6283 7299. She may be of help. Good Luck!
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kooni
18 yrs ago
Thank you for the advice. I think it best if he terminates on the spot, and we provide him with the month's wages for his current employer. However, does he need to get into all of the reasons for the immediate termination? I seemed to read this in the labor laws, and if so, doesn't this get extremely sticky? On the other had, continuning to work for a month after you have terminated your contract also seems like a bad situation. Any further thoughts of experiences on this? Thank you, again.
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@@
18 yrs ago
You can terminate a contract on the spot (with payment in lieu) by stating something like "communication difficulties".
You will need to be sure the employers still fronts up with the cost of an airticket home and any unpaid leave, perhaps deduct all of this from the one months notice that your friend should pay.
I would help write the termination letter and also print out a receipt for all of the payments, perhaps ask a member of the management to witness the handover of all paperwork, there is a chance the employer will not sign anything.
I hope that's the sort of info you are looking for, it's never an easy situation to deal with but hopefully it will be over with quickly.
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Tell him to go to Helpers for Domestic Helpers, a non-profit organization that offers para-legal advice to FDH who are abused and maltreated. Their office is located at St. John's Cathedral, Garden road. Number is 2523 4020. Staff there speak English, Tagalog and Bahasa-Indonesia.
They will get his statement, draft a letter in his behalf and help him pursue a case if he has one. A conciliation meeting will be scheduled wherein the employer and the FDH will try to settle amicably. If the employer refuses to pay the wages due him (+ other dues like plane ticket, leave benefits..), or if there was no settlement agreed upon, the case will be forwarded either to the Labour Tribunal or MECAB
In the meantime, while he has a pending case with the LD, he legally cannot seek employment.
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kooni
18 yrs ago
HELP again!!!!! I appreciate all of your advice. I have another very important question. If he terminates and gives pay in lieu of one months employment, could his helpers report him to the labor department (because they're angry)and make it more difficult for him to gain re-entry into HK though already sponsored by a new employer? Further, should he also file a letter of complaint regarding his employers' abusive behavior and or could this also impede the new employment application process? The very last thing we want to fo is get involved in some legal or complicated battle holding up his leaving this family and gaining new employment. Thank you!
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kooni
18 yrs ago
Also, after this termination, how soon thereafter can he file a new contract?
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@@
18 yrs ago
I would give the labour department a call, they are really helpful and will be able to offer some good advice.
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