question on termination of contract and levy

My helper has given me a notice of resignation today Nov 8 and we have agreed that she'll be staying with me till Dec. 13. I have a few questions:


1. Is the termination date of her contract with me, Dec. 8?

2. If it is, then she's only allowed to stay in HK until Dec 22? That is 14 days after termination of contract.

3. I am suppose to pay the 4th installment of the levy on Nov 25. Should I still pay for it even if I will not hire a replacement maid?


Looking forward to your response. Thanks!

1) No - it's Dec 8 (her last day as your employee).

2) Technically yes, but there are ways she could be granted an extension.

3) I believe that you are legally obliged to pay the levy. It would carry over to any new helper hired within 4 months, but as you say you will not be re-hiring I think you could 'lose your dough'. Might be worth checking with the Immigration Dept on this one because there are circumstances when they waive the levy - such as where an extension of contract of not more than "1 or 3 months" (I don't know how that works out) is agreed to. Such an extension is granted "only in exceptional circumstances with extenuating reasons and on the confirmation of the employer that no further contract will be entered into with the FDH in question." Whilst that doesn't seem to fit your situation it does mean that there might be a way for you not to lose 11/12 of the levy due.

1. Dec. 8 and you have to inform the Immigration Department in writing that she'll cease to be your DH by then. A copy of her resignation letter should be included.

2. She will only have 14 days after the termination of contract and no extension will be given by the Immigration Department to terminated DHs.

3. You are required to pay for the levy. You may carry that over to your new maid withing 4 months after your current DH leaves your place but you won't be able to have a refund of it. Even if you use only 1 day of that it will be counted as 1 whole month. The rest will be gone if you decided not to hire for a replacement.

hello everyone!I just came back from the immigration department to ask if I have to pay for the levy. They checked their records and said that I dont have to pay for the 4th installment. I guess it's really better if you go there in person and talk to them. I was ready to pay the 4th installment but to my relief, they said no need as I will not be getting a replacement helper.