Help - how do I terminate my DH of 4 years



ORIGINAL POST
Posted by ezpz 16 yrs ago
I've had the same DH for 4 years (completed 2 contracts and into her 3rd). She started off really good, reliable and someone I could trust with all the household and dog. There's only my husband and I with a 19 year old Yorkshire Terrier (who sleeps most of the time) so her job is relatively easy. Plus, my husband and I travel a lot for work so we are not at home about 2 weeks a month. However, I noticed this year (because I'm travelling less and hence spending more time at home), that she's slipping in her duties. She's not only forgetful (despite my constant reminders, even if I just reminded her 5 minutes before), her hygiene habits are appalling (she leaves the cloth she cleans my dog's pee on the sink next to dishes and other kitchen ware), chucks all our clothes for ironing on her bed and worst of all, has neglected my dog (my dog bit her own wart and there was an open wound which my husband discovered only in the evening). In addition, my circumstance has changed - I am just 3 months pregnant and would like a helper that I can completely trust my household, baby and dog with. I'm afraid if my dog is not even looked after properly now, what's going to happen to my baby in the hands of someone so forgetful all the time?

Do I have grounds to terminate her? I understand that there is is long service severance pay for all DH who complete 4 years with the same employer. Do I have to pay for this even when she is underperforming? I am not one to change DH constantly and much prefer to have the same DH for years but she is really driving me up the wall. Or maybe she's aware of this long service severance pay and is deliberating winding me up so I will terminate her?

Please advise.

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COMMENTS
Hat Trick 16 yrs ago
Hello ezpz


You should have a read of the Employees Ordinance legislation which can be found on the Labour dept website http://www.labour.gov.hk/eng/legislat/content2.htm.


Long Service payment is only due after five years. If you dismiss her now because of redundancy she will be entitled to severance pay, however if you dismiss her because of her poor work/misconduct you will not have to pay.


If I were you I would ring the Labour Dept to ask them based on your own specific situation, then you will have a clear answer as to what your liabilities are.


I would be worried having someone with no sense of hygene looking after my baby if I was at work!



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Snow Rose 16 yrs ago
"If I were you I would ring the Labour Dept to ask them"

I wouldn't!! I found the Labour Department to be very biassed indeed. Biassed in favour of the employee, advocating that I pay up regardless of whether my helper was actually entitled to the money. That's just my experience.


"If you dismiss her now because of redundancy she will be entitled to severance pay, however if you dismiss her because of her poor work/misconduct you will not have to pay."

This is correct. You do not need to pay this woman.


Since you are expecting a baby, I think now is a really good time for you to get a better helper. Possibly this DH you have at the moment has always been so slack but you didn't notice before when you were busier with work? But even if she's only been underperforming this year, I would still replace her. Her hygiene sounds awful, indicative of a really poor attitude. If I had a newborn, I wouldn't let a helper like that anywhere near my baby.


You need to find someone who will take good care of your baby once s/he is born, and yourself during pregnancy and the post natal period, and your poor dog as well.


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