Are you able to terminate your helper, but giving her a longer notice period (say 8 weeks)?
Reason I ask, is that this will give us enough time to get a replacement processed and into HK.
THANKS!!
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This reality of only 4 weeks notice that clashes with the processing time of 8 weeks is one of the bigger problems in Hong Kong IMHO. The only recourse you have at the moment is to wait until you are about 1/2 way through the process of hiring and applying for a new helper and then give the 30 days notice. And yet, the IMD REQUIRES you to state the final working day of the present helper who will leave, (so you won't have 2 helpers at the same time)
If there was ever going to be a political action point in this present mess of treatment of DH, it would be to address this problem head on and find a solution that helps both the helper and the employer.
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The law requirement is AT LEAST 30 days of prior notice and there is nothing contradictory if you give it 31 or more days earlier but you may consider whether it is needed to do so for whatever reasons.
The final working day is this case is just the expected date of termination. You may notify the Immigration nearer the exact date.
Sometimes, in some scenario, you will get 2 helpers at the same time during the overlapping period but most of the employers will get rid of the unwanted ones after the new comer landed. For some other good reason, there can be some overlapping period for handing over the household chores...as long as your salary is justified to afford 2 at one time.
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Usually you look for one first. And then once you know when your new one will comes, you give notice to your current helper a month before it. I've always wondered if immigration waits until the old one has left before they process the new one?
Agree with hkwatcher. It would really save a lot of headache for helpers and employers if immigration could revise on the timings. It's expensive for helpers to go back to their country or to Macau while waiting for their visas. And it is a headache for employers to not have any helpers in between.
I remember 1.5 years ago when I had just given birth. My helper decided it was too difficult for her with a new baby so she resigned giving me one month's notice. I waited 2 months for my new helper to come and 2 days after she arrived, I had to return to work. Fortunately, I was able to bring my baby to work with me. Ideally I would have had some time to train the new helper to take over my baby's care but there was just no time.
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GemmaW
In your past case. Find a finished contract one and you can get special visa to keep her without the need to wait for her for weeks. Only applied to finished contract or special case like employer relocation...etc.
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