Termination pay?

I was chatting with a friend about employment laws and how they're different for a DH vs other jobs like working in a bank or McDonalds, etc. In almost all jobs there are probation periods but with DH's if you decide they're not working out then you have to pay them a month's pay in lieu of notice and she believes that if you terminate a helper within the 1st 3 months then there is no payout. I didn't think that was so. Is it? I always believed that even if they've only worked for you for 4 hours and you want to terminate you have to pay out a month. Who has the right info here?

You are correct, not your friend. There are some special cases though.


According to the law, you have to pay a month's notice regardless of time in service except where the helper:

1. wilfully disobeys a lawful and reasonable order;

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

3. is guilty of fraud or dishonesty;

4. is habitually neglectful in his/her duties; or

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

(Source: http://www.immd.gov.hk/ehtml/ID%28E%29969.htm )

#4 is of course subject to quite a bit of interpretation and I bet it is abused often.



There are three month rules but they apply to statutory holiday entitlement and accrued vacation time, not termination.