Termination advice please!

Me and my sister have our first DH for 18months. We decided to terminate a 2 year contract with her for a number of reasons, including theft (which she denied), smoking in the house, and her cleaning standard isn’t as good as it used to be. Since we do not feel comfortable to have her in the house anymore, we want her to leave on the same day. Please advise the following procedure,


1.Termination letter (Is the downloadable sample from Labour Department good enough? http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf)

2.One month salary

3.One way ticket (Should I have the ticket ready before or after she signs the letter? We hired her in HK. In case she gets a new employer, do I still need to buy a ticket? Is it up to me to pick a date for the ticket? What is my responsibility if she signs the letter but stays in HK and won’t go back to her home town?)

4.Annual leave (Is she entitled to payment in lieu of 7 days annual leave despite her misconducts?)

5.Fax the letter to the Immigration Dept within 7days

6.Anything else?


Concerns:


1.What should I do and say to her if she refuses to sign the letter or go?

2.When I interviewed her, she agreed to spend 3 days in my flat and 3 days in my sister’s flat. I understand it is unusual but we both have small flats in Central and it’s cheaper to share a full time DH than paying a part time. May I have some advice please if she refuses to leave and threaten to report us?


Many thanks

True GreenValleys, the sisters probably would get in a fair bit of legal trouble for breaching the emplyoment conditions for FDH's but the DH would also be in trouble and would most likely be ejected from HK, not allowed to return and have to pay a fine so it's a fine balancing act. Who has the most to loose?

Dear Central

You may have a problem b/c of the 2 addresses, as the other posters have said, but as for your other questions, this is what you must comply with under the law (other than those you have already broken)

You can give one month's salary in lieu of one month's noticve in order to get her out of the house immediately.

You must give her any annual leave earned. For 18months that is about10 days.

You must purchase a one way ticket back to the Phill or wherever, but she may wish to try to get another job and can by law stay another two weeks past the date of termination. Even if she does get another job, you must buy the ticket.

You must send the letter of termination to IMD with the last date she was working for you. (Keep a copy for yourself) and BOTH of you sign it.

So that is salary+annual leave+ticket This is under the law.

If she files a case against you, you may face penalties, b/c of the illegality of making her work in 2 places Good luck on that one. Most girls won't unless they are vindictive and/or owe lots of money. If she has outstanding agency placement loans, you might offer to help her to pay them off? Just a thought....

Also, when you pay her the salary plus other stuff, get signatures! Whoever signed the contract and the helper. This is very very important b/c it is the proof of what you paid her. The days of havving a DH work outside of the law within the stated contracts is coming to a close.

I know a woman who has had the same helper for 17 years. This DH is now leaving HK to go home and care for her mother. During these past 17 years, she has been cleaning two homes, and an office. Few days off and must return by 5 PM on her day off to cook dinner for the kids. This woman wants to replace this DH with another just like the older one. I can't believe she thinks that in 2008 she will find another DH who is willing to take this on!

Anyway, good luck for a good outcome.

I don't see how she'd prove that she worked for 2 houses. I'm sure no neighbours neither other maids would want to be witnesses and get involved in a legal issue.

Well for one there is the hassle factor and these cases tend to drag out for several months in which case stories tend not to stand up to scrutiny so well. Regardless of what the helper has done she has been "abused" as such by these sisters and contrary to what adele has mentioned above she would not be have restrictions placed on her for future employment. The only person who would have the problem is the sister with her name on the contract as employer. Several cases like this last year.