Posted by
lotti
15 yrs ago
our helpers contract will end by mid of march 2010. Due to several problems, we would like to terminate the contract asap. Is there legally a chance to terminate earlier or is it too late and we need to fulfill the contract until the expiry date.
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If your helper is only on her 1st contract with you, then you can give her one months notice any time you like, just as she can give one months notice to quit any time she likes.
You must however inform immigration within 7 days of giving notice, you must also give her door to door fare to her country of origin, plus 100hkd per day for the day or two it will take her to reach'home'.
You can give her one month pay in leui of notice and send her home on a plane within a day or two of terminating her, if the situation is likely to become difficult!When you give her notice, it might be an idea to have an independant witness there to see you handing over any money, and make sure the helper signs for everthing, then there is less chance of the helper accusing you of anything, as they often do
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lotti
15 yrs ago
i am just wondering whether this is possible, for example: I will terminate on 28.12 with one month notice, then the contract is just only running another couple of weeks. I thought there is a period for the end of the contract where employers cannot terminate anymore. I do not want to create any confusion but I just want to make it correct and according to the law!
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As far as I know, and I have read both the Immigration dept handbook and guidelines in full several times, there is no "freeze" period. You may terminate at any point.
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