DH problem – legal/financial question

We have been lucky enough to have 2 great helpers for the past 5 years both of whom we pay HK$4,300 per month. About 7 months ago one of them started to come back very late (sometimes sun-rise late) from her day off and be tipsy and dreary eyed and this would happen every week. Additionally, she would sneak out at night too. Her work has suffered and we have lost confidence in her as well we feel that she is potentially becoming a security risk both to our home and children. We have of course talked to her at length about her change of behaviour and our other helper has too but to no avail – the conduct continues. Sadly therefore we have decided that we will have to terminate her contract. We will be so sad to see her go (especially the children) but it has been brought upon herself.


While sacking someone is never a happy time we want to make sure we have done everything right legally. I understand the month’s notice which we will of course pay, the plane ticket home and informing the government of her change of status – I have two questions however:


1) Bearing in mind the reason for termination was misconduct for which we have witnesses, is she due for a long service payment?


2) Regarding the helpers’ levy that we have paid; do we claim that back from the government or does it rest with the government and then we can offset against the new helper that will replace the current one?


3) Are there any other issues which I have overlooked?


Thank you so much in advance for reading this and replying.

Thanks so much GV - I think that covers all the points fantasticaly.


All the best

She may still be entitled to Severance Payment as she has worked for more than 2 years continuous contract with you. Long Service is for 5 years and more.