Procedure for when your helper resigns?



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ORIGINAL POST
Posted by wombles 6 yrs ago
Hi. Whats the procedure for when your helper resigns? She's going back home and not finishing the contract. Aside from paying for her return ticket, what other procedures should I follow?
Thanks in advance.

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COMMENTS
asiaXdreamy 6 yrs ago
Just brainstorm the following (not exhaustive)

- Ask the one who initiated to write a letter with reason.
- Buying the ticket for helper rather than paying in cash to ensure that money goes for what the contract required.
- Sign the payment of outstanding wage and passage fare (print-out of e-ticket?) for acknowledgement.
- File a notice (Immigration Form id407e) to Immigration.
- Check if the helper has left anything or in possession of other things clearly before parting, especially when there is more than 1 persons at home to avoid complicity.
- insurance updated.
- Stay positive expectation to your next helper, as everyone is different.




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sunshine929 6 yrs ago
What happens if the helper wants cash instead of air ticket, but does not end up buying the ticket.

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asiaXdreamy 6 yrs ago
That is the reason for "Buying the ticket for helper rather than paying in cash to ensure that money goes for what the contract required"

The law is to encourage employer to be responsible for the necessary trip for the employee to fulfill the contract obligation to COME and the immigration requirement to RETURN to home country but not for pleasure, travel or self-gaining purpose if the employee does not follow the undertaking to do so.

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hkwatcher 6 yrs ago
According to the law....

You must submit 30 days written notice or pay 30 days of salary in lieu of that notice. If they leave before the 30 days is complete or you release him/her you pay the difference or they pay you the difference.
You are required to submit a 407E form to Immigration to notify them of the final last day working for you.
That form can be found online
The helper has the right to stay in HK for 14 days to find a new employer, so you can pay the one way ticket home on the 13th or 14th day. It is not right to force them into a specific fly date, you just need to have the right amount of the ticket.
Check out Cebu pacific airlines for the cheapest flights.
So on the last day you pay these things
Salary due
untaken annual leave
travel allowance @ $100 per day
one way ticket home
If you are deducting for damages/broken items you cannot deduct more than $300 as per the Labour Dept regs.
Make sure you sign and she signs as receiving that settlement as the final amount to end and settle the contract.
Get a witness of this settlement if possible
Make sure you submit the form to Immigration because Immigration will still show you as the employer of record unless they are notified.

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asiaXdreamy 6 yrs ago
WOMBLES's case is helper's resignation, so only the helper has to submit 30 days written notice or pay 30 days of salary in lieu of that notice, NOT the employer's responsibility.

The helper has the right to stay in HK for 14 days , NOT "for" finding a new employer, but as normal period of stay as a normal visitor. Although some would make use of this 14-day window to look for the new employer, but cannot say that it is the innate right to do so. Just to correct the concept.

Employer may arrange the one way ticket home, not necessarily on the 13th or 14th day but an agreed day is much practical. In some scenarios especially the flight cost is at the lowest but not for the trip on the last day, both sides have to agree who bear the extra cost for the difference. e.g. departure on 1st is $600 and 14th is $2000 (high season), then the employer has no responsibility to pay the higher cost just for the employee's personal choice. If the employee insist, then bearing the additional cost may be a practical way to solve both need.

Travel allowance, only 1 day is enough for flight journey from Hong Kong to home country. i.e. $100 only.

No need to pay the statutory holidays fall within the first 3 calendar month period if the employee has taken.


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hkwatcher 6 yrs ago
asiaxdreamy
I was simply writing out the Labour law by saying the 30 days goes both ways as an FYI. It IS the employers responsibility IF they are the one who decides to terminate. Again FYI

the 14 days has NOTHING to do with what happens within that time period. They have the right to find a new employer if they wish, of they can visit Disneyland if they wish. The LAW gives them the RIGHT. Lets be clear on this. The countdown on the 14 days begins on the last day as stated of the form 407 that is submitted to Immigration. If the girls overstays they will catch her at the airport/border upon exiting.

Also to be clear, the employer must provide an air ticket to the place of residence listed on the contract. If the girl lives in Cebu, the employer must buy a ticket to Cebu and not Manila. This also is the law and is stated clearly on the green contract.
If it takes 2 days to travel by air, followed by a 12 hour bus trip to a remote area or a place that cannot be reached unless by air or boat, the employer needs to pay for the girl to get home. That means an extra travel day travel.

One poster wrote this....
What happens if the helper wants cash instead of air ticket, but does not end up buying the ticket.

If the helper does not buy a ticket with the money, but rather goes to Macau, she still leaves HK. If you overstay the 14 days you will be subject to being detained and questioned at the airport or wherever you try to exit HK The officer will decide to make a case against you and arrest you or more you pay for a visa extension ($160) and leave HK. BUT it will be on the record of the exiting employee (not the employer) and she may have problems getting a visa if she wishes to return and work in HK again. Once the final settlement is paid signed for etc. the employer is off the hook for this girl. Following the last day of employment the responsibility is off of them.



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asiaXdreamy 6 yrs ago
HKWATCHER,

Over many posts there are incorrect views based on personal judgment delivered. Please, refer to the source writer's situation rather than promoting certain rights on certain side. Be objective.

14 days, yes, there is no restriction and the rationale to grant this period is equal to that for a normal visitor. Go ahead to read more law reference or simply ask Immigration, let me know if their rationale/answer is really.. "it is to preserve the right to find another employer".

"If the helper does not buy a ticket with the money, but rather goes to Macau, she still leaves HK" ( what point for talking about this, are you employer? leaving HK only but not back to home country so that the employee can gain the fare but actually the employee has not gone back? In HK jurisidcation, there are other lawS governing personal gain by dishonest acts) That is not a required scenario for the employer to pay. So, it is better for the employer to fulfill the obligation by buying the ticket at the cost of employer. If end up the employee overstays or does not use the ticket, it is up to the employee to bear the personal responsibility. Of course, if both sides are happy to settle by cash, it would be fine but this is not the desirable solution according to the rationale for imposing this restriction.

Now, many helpers cannot obtain the new visa or have to wait for extra time for their own suspicious travel patterns. Some even cannot enter HK again. The Consulate now also requires certain agents to send the helpers back to the place of origin prior to application.

Thanks for writing so many tips that are really useful, maybe for other websites or other threads, not for the expat's employer discussion forum or this thread.

Tired of reading many comments with seasoned views.

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hkwatcher 6 yrs ago
Since I work in this type of industry, I take offence at your post. Please do not tell me what to write when the answer is from the law or in my professional experience and not my personal opinion.
Are you an expert on Labour Law ? f I wish to write on this website or any other that is my right. I have lived in HK for over 20 years as an expat.
A majority of the posts are answered by you at this point anyway, you seem to have appointed yourself the expert. Go for it

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asiaXdreamy 6 yrs ago
Similar words on my mind but I haven't spoken that for this might be offensive but not objective and constructive in telling the truth.

Maybe we are on the different sides in court as mine is not only dealing with Labour but also all relevant civil and criminal proceedings.

Be calm, objective, not to provoke penfight, and promote incorrect concept , at least with incomplete or one sided information that might be good for some representative to gain more business through handling these types of clients. But this cannot help finding the truth and building a better community and helper-employer relationship through law system.

Ended.

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