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Terminating contract early

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ORIGINAL POST
Posted by A Mum 15 yrs ago
We plan to terminate our helper's contract early and give her 1 months pay in lieu of notice. We know we also need to inform the Immigration Department.


I'm unsure how to go about booking a return ticket and sending her home. I've heard they are allowed 2 weeks in Hong Kong to try to find a job but I do not want her to stay 2 weeks in our place after I give her notice, nor do I want her to stay outside as I've heard horror stories that in order to extend their 2 weeks stay they lodge a claim at the Labour Department.


Should I come to an agreement with her, that I buy her a ticket home in 2 days to let her pack etc.. and then take her to the airport on that day?

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COMMENTS
axptguy38 15 yrs ago
You can't force her to leave HK. However she does not have to stay in your home. She can stay in a boarding house.

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Susie1 15 yrs ago
Hi A mum , remember It is Chinese New Year, not sure when Imm is Open again! and you have to inform them within 7 days of terminating Contract.

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A Mum 15 yrs ago
axptguy38: I'm not sure what you mean by "I can't force her to leave", as she is only permitted to stay up to 2 weeks from date of termination anyway. I want to know, as an employer am I responsible for making sure that she leaves before 2 weeks? i don't particularly want to just throw her out. I thought as an employer you are responsible for sending her home, hence needing to buy the return ticket or giving her the money in lieu of ticket home.


Susie1: you can now submit the termination form online:

Read More

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axptguy38 15 yrs ago
"axptguy38: I'm not sure what you mean by "I can't force her to leave", as she is only permitted to stay up to 2 weeks from date of termination anyway."


Sorry I was unclear. She is legally bound to leave HK within 14 days, but you can't force her to leave HK before then since she still has a valid visa.


As long as you have reported the termination to immigration, it is her responsibility if she overstays her visa. As far as I'm aware you cannot be held responsible since she no longer works for you.


Whether she overstays or not, you are responsible for the cost of her trip home (door to door; not just the plane).

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spurtio 15 yrs ago
A Mum, ring up Sally Travel in Worldwide House. They will tell you what the current cost of a cheap one way ticket is to Manila (or wherever your helper needs to get to). Sally Travel are quite used to doing this for employers; I have done it before. Address, SHOP 308 WORLD WIDE PLAZA 19 DES VOEUX ROAD C HONG KONG. Tel. 21475844


Then use this as the basis of a cash-in-lieu of plane ticket payment to your helper as a part of your settling up. Don't forget to add the allowance for travel (100hkd per day) and any other travel costs.


As axptguy says, once you have informed IMD that your helper has been released and that you have paid in lieu of notice, and paid her cash in lieu of ticket, travel allowance etc, then it is no longer your issue what the helper does.


Make sure that your helper signs the receipt for all the money, and if you can, get an independant party to witness it.

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Slammy 15 yrs ago
I have a question: I will be terminating my helper tomorrow. As she is permitted to stay in HK for 14 days after termination, do I need to pay for two weeks boarding house for her... if I don't want her to stay in my home?

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City Jammer 15 yrs ago
No, you do not have to pay for her stay in a boarding house. Your obligation ends once you've given her one month's pay in lieu of notice, wages owing to her for the days of this month she's worked, $100 travel allowance for the day she leaves HK and air-ticket back to her home town.

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Slammy 15 yrs ago
Oh... I thought the $100 per day might also include the two weeks that she's going to be here after termination.


So in other words, if it takes her one day to leave HK and return to her village in Philippines, it's just $100.


Thanks for clearing that up for me!

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Slammy 15 yrs ago
Hi - another followup question!


So our new helper arrives tonight.


I know I will have to reimburse her for:


- airport express train ticket to Central and then taxi to my house.


Do I also give her $100 food and travel allowance for her journey from Manila to here for today?

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