Must pay extra month salary??

We want to terminate our helper on the spot, without her staying on for the one-month notice. I have heard the one-month extra salary that should be given in lieu of one month notice can be waived in certain circumstances of unreasonable behaviour.


What constitutes unreasonable behavior? Does it include repeated lying? How do we officially document it and get approval for waiving the payment. We want to make sure that we are following procedures correctly in this matter.


Has anyone ever terminated their helper and not pay the one-month extra payment due to unreasonable behaviour? Can you share how to properly and legally take this path?


Thanks for any input you can share.

As per “Guidebook for the Employment of Domestic Helpers from Abroad (ID 969)”, §56 Clause 11 http://www.immd.gov.hk/ehtml/ID(E)969.htm.


"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.”


Document it but be aware it may be your word against hers. It may be less hassle to just pay the month.

You need to ask yourself some questions first.


Have you ever been in charge of other employees ?

Have you ever fired someone else for lies, and have them leave without any compensation?

Did your "company" (yourself) suffer any major losses financially, when this employee lie'd on the job ?


Do certain employers in HK have special rights to break the labor law of the Hong Kong goverment, without punishment ?


Shouldn't every employee/employer have the same rights ? Aswell as every employer/employee follow the same rules as any other in Hong Kong regardless of state and title?


Choose your actions carefully, and DO NOT break the law.


If you don't like your employee, for some reason, be it lies, being incompetent, not doing her/his job right, according to the agreement and contract between employee and employer, you can fire him/her on a months notice and pay him/her. Or fire her on the day, and compensate her/him for their losses after the standards mentions in the contract.


It's not easy being the boss of any corporation, or company. Sometimes we get bad employees, and we have to take losses from it.


Anyways, these people, in this certain group deserve more respect regardless of what you might thing. They should have the same rights as every other human being working in Hong Kong.


Just my 2 cents.

As axptguy38, says those are the only reasons you could fire a helper without paying them monthly salary, and you would have to give provable evidence for doing so. I would say that being a compulsive lier does is not covered by those rules.

If you are finding your employee difficult to live with because of her lying, and want to terminate her contract immediately, then you must give her one months salary, any holiday pay due, one way air ticket and door to door expenses to and from the airport to where she lives, plus 100hkd per each travelling day it takes her to reach her home. When you do give her the above items, make sure there is a witness present and document everything, having her sign for anything handed over. Inform Immigration with 7 days of her leaving you, and copy tickets, reciepts signed by her, then she can not say you have under payed her etc.

If she is a compulsive lier like you say, then she might try to make up more lies and take you to a labour tribunal, in order to extend her stay in HK. She will normally be allowed by Imm to stay in HK for 2 weeks after being dismissed- to try to find herself another employer- she may ask you for a reference, you can give one-just keep it very simple , just stating the facts worked from --- to --, and if she is particularly good at anything mention it, just state the truth without any negatives on paper,it will soften the blow to the dismissal, and make it easier for you both.