Posted by
rs2000
13 yrs ago
Hi All,
After a long and tiring wait, we finally told our helper on 10th Nov that we are terminating the contract and 10Dec is her last day.
She comes back on sunday 13th Nov and tells me that she has lost her ATM and HKID.
For past 1 month, I will pay her in Cash and get the receipt signed (instead of putting in her account).
For her HKID, there is 335hk$ fee. who is supposed to pay this? She was already terminated when she lost it but are we supposed to pay for it?
she has been irrepsonsible and had lost her ATM before as well. and then told me she lost her hkid and atm with a wide smile (just 2 days after I told her she was terminated).
Please suggest me whether I shall pay for HKID or shall I ask her.
Many Thanks!
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Have you already informed IMM of her termination, it should be done within 7 days of giving notice.
The loss of ATM card and ID should be reported to the police,make sure she has done this, somebody may have handed it in as lost property. She lost it so she must pay for it, if she has indeed lost her ATM she should have let the bank know straight away, in case anybody finds it and uses it to empty her account.
If you pay cash to her for her expenses on termination, make sure you get a reliable witness present and get her to sign for everything.
Her loss of these items might just be delaying tactics to stay in HK longer, but if you already have informed IMM like you should, then it is not your responsibilty.
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Susie, are you sure you have to informe IMM of the notice?
I think IMM requires both parties, helper and employer, to inform of the termination within 7 days of the actual termination. I don¡t think you have to inform of the notice.
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http://www.gov.hk/en/residents/employment/recruitment/terminateforeignhelper.htm
For information doanni2, Imm needs to know the helper is no longer contracted to the employer,foreign domestic helper should leave HK 2 weeks after the last day of her contract has been worked for the employer.
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Susie1
The notice is written as "within 7 days of the date of termination"
and not within 7 days of the notice.
I agree with going to Police to report the loss of ID card.
The loss of the card is her responsibility
You should pay her final wages due, air ticket etc. and get it signed with preferably a witness also to sign.
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Susie1, as hkwatcher points out and as I though, IMM says "both the employer and the foreign domestic helper shall give the Director of Immigration notice in writing within 7 days of the date of termination".
That means you do not have to inform IMM of the notice, but of the actual termination within 7 days.
The one-month notice is more like a "private" agreement between helper and employer but that does not go anywhere if they do not sign the termination and clear all wages due, after the month.
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whatever you do from this point onwards... ensure that everything is written down, and acknowledged by your helper with neutral witnesseS co-signing the documents (a must). Do not rely on verbal agreements.
you want to avoid future situations where the helper will find a way to turn things around and give you trouble l like saying she was dismissed unlawfully, or she was abused or wasn't paid her salary etc. and or anything she can think of to extend her stay in hk.
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I've seen several posts with statements indicating that neutral witnesses should be present and co-sign termination documents to verify exchange of monies, etc.
Where are people finding neutral witnesses to do such a thing?
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