What is a release letter?



ORIGINAL POST
Posted by 2littlemonsters 18 yrs ago
My maid has requested for a release letter as she wants to resign. Could someone advise what it is? Is it the same as a reference letter? What is the content of the letter? Should I wait until her last working day before giving it to her? Do I need to give a copy to the immigration? So many questions - any input would be much appreciated.

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COMMENTS
Nuri 18 yrs ago
I think she wants a Reference Letter from you. Something stating that she worked for you and was good. However, by law you are not required to give it if you are unhappy about it. If she resigns it means she did not fulfill her obligation to finish a contract with you. She caused inconvenience to you because you relied on her. She terminates you, which means SHE gives you a letter which you sign. She has to send it to the Immigration.


If YOU terminate her, you give her a Letter of Termination. Keep in mind that you don’t have to give her the reason why you terminate her. You send the Letter of Termination to the immigration within 7 days.


In any case, if you think she deserves a good letter – give her one; if not – don’t give any.


P.S.—“Out of curiosity: is she resigning because she moves to Canada? Just a guess”.


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crj 18 yrs ago
I just learned this today, so please forgive me if I haven't got it 100%, but is it something like this:


Termination Letter - is what you give for one month notice and either they work the month or you pay them for the month.


Release Letter - is dated the last day of employment with you.


For example, the Termination Letter is dated 1 February, then the Release Letter is dated 1 March. Then she works the last month.


If you date the Termination Letter 1 Feb and the Release Letter 1 Feb, then you owe her a month salary.


A Reference Letter is optional.


And I do think you have to list a reason in your Termination Letter, especially if you want to hire another helper:

Employer leaving HK, no longer need a helper, financial difficulties - all of these allow the helper to stay in HK 2 weeks and try to get another job.

BUT they mean that immigration may not approve your next application, so you can't get away with saying 'financial difficulties' then one week later being rich enough again to hire another helper!

For Terminations for other reasons - then the helper still gets the 2 week extension, but also has to return to their home country to apply for a new visa. This can now take 6-8 weeks or more.


In addition, you need to provide return or single air ticket (depends on what stage of contract you are in), 100 HKD transport fee, any unpaid salary and any salary for annual leave due to the helper.


Good luck!

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2littlemonsters 18 yrs ago
Thank you both for replying.


Could I ask what should be written in a release letter? My maid is in the final month of her contract and she had verbally tendered her resignation as she wants to leave next week and therefore requested this release letter.



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crj 18 yrs ago
You need to edit this...



30 January 2007


The Director

Immigration Department

#7 Gloucester Road

Wanchai, Hong Kong



Dear Sir/ Madam,


Re: Termination/Release Letter for HELPERS NAME

Pilipinas Passport Number XXXXXXX

HKID XXXXXXX


This is to inform you that HELPER NAME has worked for my family since DATE. Her employment contract will end/be terminated/released/resigned on DATE and she will be released on DATE.


The reason of termination/resignation/contract ending is ...


We wish HELPER NAME the best of luck in the future finding a suitable employer. (or leave this out)


Thank you very much for your kind attention.



Yours sincerely,





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TC 18 yrs ago
Incidentally, if she has come to the end of her contract period then there's no need for a termination letter. 'Non renewal' is not the same as 'termination'.

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red82 18 yrs ago
It's oftenly referred as "finished contract" if the contract was not renewed but ended in good terms. Terminated when it ended in bad terms/both parties are already incapable of doing their duties.

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pthl 18 yrs ago
is this canada caretaker "reason" a common one. My maid has said the exact excuse.

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