Posted by
Ausmum
17 yrs ago
I am in the situation now where I need to terminate my helper as she is unable to perform her duties. I have spoken to her about this and am anticipating that she will refuse to sign the paperwork that goes along with it.
What do I do? Can I just fax the termination to immigration without her signature? Any suggestions?
Thanks
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Nothing really. Neither party is obliged to sign any termination papers. Only relay facts that are provable otherwise you may be subject to a libel action against you.
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You only need to give her the termination letter signed by you. If she wants her salary, she'll sign the receipt. Get her a ticket. Keep a copy of the ticket and the receipt that you paid for it. Meet her at the airport on that day before her flight, give her what she's owed once she signs the receipt.
This is the advice we got once upon a time when faced with a difficult helper.
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Inform her... when a helper gets terminated, it's not a question. It's informing her of your decision. You just have to type up/write up the termination letter, and I would send it to immigration, and make a note that she refuses to sign the acknowledgement letter.
Tell her if she wants her money, and her ticket to go home, then she has to sign.
I had a friend who videotaped the whole process. No arguments there.
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because there were always problems with the helper going to the labour department, or making up lies about the "termination" process and money paid in total....
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Thanks for your help. As it turns out she did sign the termination papers but I am not sure if she will be able to fax it to immigration in time though but apparently it doesn't matter.
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legally, all DH have a 2 week window from the termination date as stated in your termination letter. During that time, they can look for another job. You must pay for the one way ticket, it is the obligation of the law. You can agree on the date of the ticket, but many DH change the departure date anyway. Phil. Airlines does not charge to change the departure date or may charge on HK$20. The most important thing is to state clearly on the letter the final date she is under your employ.
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