Release/Break contract?

Hi guys,

We have found a helper we like and spent time getting to know her before offering her a position. This was back in February. She gave notice to her employer who asked her to stay on until they got a replacement. We found out today after two months of processing that the replcaement was pregnant so they have to start the whole process again. Which means they wont release her until its over - at least another 2 months down the track.


Let me preface this by saying I don't know a lot about helper employee contracts but I had assumed they would fall under the same laws as anyone else in HK. I get the impression that she cant just give notice and say "ok May 1st is my last day". Seems the employer has to "release" her. Is this right?

There is no need for the employer to release her. The helper can break her contract at any time. See part 3 of §57:11 below. She has the same right to break a contract as any other employee. Any staying on is entirely at her discretion.



57. Clause 11 : The Helper may terminate the contract without notice or payment in lieu:


1. if he/she reasonably fears physical danger by violence or disease which was not contemplated by his/her contract of employment expressly or by necessary implication;


2. if he/she is subject to ill-treatment by the employer; or


3. on any other ground on which he/she would be entitled to terminate the contract without notice at common law.


Source: http://www.immd.gov.hk/ehtml/ID(E)969.htm#8



Let me add by saying that if there is any more delay, I advise you to find another helper. You never know what'll happen in two months.

Thanks AXPT.

Thanks for that. Having a read.