Hi - I've found a lady who wants to terminate her current contract to work for us. Appears she needs to go back to Philippines for 5 weeks before coming back (HK law?) and then we need to rehire via an agency.
Is there anyway around this? Appears to me if she is in HK, why does she have to go back to Philippines if she doesn't want to?
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yufie
12 yrs ago
b'cow hk laws..and she not finish contrac b'coz she is terminite so..the rules is must leave hk.
The actually no need go back filipino,she is can wait in china or in macau.until the visa done.
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FYI for those who send there helpers to Macau,
Recently those who stay in Macau for processing of contacts are getting bed bugs from the accommodations.
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Other/older threads should have an explanation on this kind of situation.
If the helper's contract ends naturally (normal 2 year contract), she can sign another contract with a different employer and start working for the new employer (after the visa is approved) without getting out of HK. It just means that she can stay here while the work contract is vetted/processed by the HK government and the country of her origin. She can't start working (legally) with the new employer until the visa is out. On the other hand, if the contract was pre-terminated by either party (employer/employee), the helper needs to exit HK within 2 weeks of the termination.
Exceptions to the above: (1) The employer died, (2) The employer leaves HK (moving back home), (3) The employer can't pay the helper any longer. If one of these reasons are clearly specified in the release letter, it's almost like the helper completed her contract and she doesn't have to leave HK while processing a new contract.
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FIFIB
12 yrs ago
Why would you like to hire someone that wants to break her contract?
FYI it takes about 6-8 weeks to get the visa processed since she is back to the Phillipines.
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if you need a helper badly, try an agency who can help you find a finish contract helper so no need to go back to the place of origin and can start with you immediately.
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WWcC
12 yrs ago
Agree with FIFIB on the hiring comment - a receipe for disaster !
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What's wrong with someone who breaks a contract? Do you expect a helper to work in intolerable conditions? Or even conditions she doesn't like? Can't she look for another employer if she isn't happy?
Seems a little harsh to expect everyone to see out a 2 year contract they don't want to be in? It happens in all walks of life.
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Agree, chinacrisis. We moved to Hong Kong and needed a helper and had no idea how to go about it. The one we ended up hiring approached me in the village carpark and said she wanted to break her current contract because of intolerable conditions - she saw we needed a helper and outright asked us. She saw a chance for a better opportunity and took it. One of the main reasons we hired her was her clear demonstration of initiative. Seems some people here want to keep helpers down as second-class citizens, but for me, I'd rather have someone in my kids' lives who is going to demonstrate making the most of opportunities and seeking improvement always.
And for the OP, she did have to go back to Philippines, and it took around six weeks for her visa to be processed.
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I would have some trouble bringing a random stranger into the home wit children especially if I was not around all day to supervise if the only ting I knew about them was that they approached me in a car park to complain about their current work place. Surely you've based it on some other parameters too.
You only need one bad egg to have a disastrous, sometimes dangerous and always expensive situation on your hands.
No one is expecting the helper to stay if she's not happy. They are just saying go into it with your eyes open.
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I don't see that it's any different to bringing a helper in from an agency. Either way, you don't actually know them and ultimately it comes down to research, gut feeling and luck.
She didn't approach me to complain about her current workplace. She approached me to ask if we were looking for a helper because she was looking for a better opportunity. Living in the same village, I could see for myself that her current workplace was intolerable.
My only point was that it's perfectly valid to break a contract. People do it in other jobs all the time. I certainly wouldn't look down on any helper here who had broken a contract.
I assume, lagrue, you would have trouble with anyone bringing a random stranger into the home with children especially if they were not around all day to supervise. It's a trust relationship that needs to be built up and nurtured - regardless of whether the person was a friend of a friend, a colleague's ex-helper, through an agency, or found in a carpark. I'm pretty sure my post didn't imply that I picked up our helper in the carpark one evening, took her home, and just headed off to work the next day :)
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FIFIB
12 yrs ago
AlexandraK,
If you hired a helper who already finished her contract many times is possible to talk to the previous employer.
Also one have to look at the helper's job history. Is this her first job, her first experience overseas, etc.
I've been 11 years in HKG and have heard and seen many cases not all the helpers are bad or good and not all the employers treat them good or bad.
My comment was because I know sometimes the helper knows she is going to be terminated thus they try to find a new job and they make a sobbing story like I said it is sometimes.
I am processing the visa of a helper that I met, she has a reference letter, finished contract and have done some trials.
I don't know if it is going to work or not, all that I know is that she was able to
finish a contract and that she is committed to her family finances.
If you hire someone that wants to break the contract you only get to hear their side of the story
Check the domestic helper section on this site there are plenty of helpers with initiative wanting to break their contract.
Means no need to wait to be approached by a candidate.
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