Reason for termination

Terminated my helper recently due to her poor hygiene and neglect of my child. I gave her a release letter as she'd requested which stated the period during which she was employed by me and which did not state the reason why the contract was terminated. She came into my office unannounced one morning demanding that I should write another letter giving a good reason for termination. I told her that I could only state the true reason, and not a good reason, for termination, if a reason was to be stated at all and I thought she'd be better off not getting a letter stating that I gave her the sack due to her unsatisfactory job performance. She would have nothing of it and got into a run-in with me, saying that her agent said I should state a good reason otherwise she would not get a job here. What's this business about a release letter? I'm under no obligation to give one, ain't I?

True.


But as your helper herself mentioned, she can't get a job if she doesn't have a good release letter. It's solely for her own benefit, and she thinks she's entitled to one. The run-in just tells you she's quite desperate to stay working in HK.

You have no obligation to give a release letter ("good" or otherwise) but it's a good idea to do so and have her sign it (keep a copy obviously). It can protect from litigation. The one you gave should do it.


As for reasons for termination, they are spelled out by the law as follows. You are well within your rights.

"In Hong Kong, an employer may immediately terminate a helper who:

- “willfully disobeys a lawful and reasonable order;

- misconducts himself/herself, such conduct being inconsistent with the due and faithful discharge of his/her duties;

- is guilty of fraud or dishonesty;

- is habitually neglectful in his/her duties; or

- has caused the employer, on any other ground, to be entitled to terminate the contract without notice at common law.”

"

I see no reason why an employer should be bullied into giving a "good" release letter for an unsatisfactory ex-employee. Just like old employers should not give a good reference if not merited. It's not only dishonest, it's a disservice to future potential employers who are looking for an honest assessment from predecessors.

Why do it?

You wouldn't want to hire someone who had this background so why deceive another perfectly good family? I don't understand why you would be strong enough to sack her and then be pressured into giving a 'positive' letter - in writing- signed by you to say she's fab? Maybe show her a release letter stating all the facts as you see it - sign it , date it, and say this is as good as it gets if she is not happy with the previous one.