Posted by
ausabroad
8 yrs ago
Previous threads were quite old.
Does anyone have information as to how to terminate contract with my DH who has been with us just two weeks? How much notice do I need to give if she is still within the three months probation?
I am trying to call the agency but no answer and right now I am a crazy first time mother worried that my baby is not in good hands after an incident this morning...
Thank you in advance
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What happened ? PM me.
I've been there.
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BTW You are not a crazy first time mother.
You have mother's instincts.
A lot of times helpers got lucky that nothing bad happened.
And you know more than any helper. You are not crazy
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The Labour law states you can terminate by giving one month notice in writing or one salary in lieu of that written notice. You are also allowed to give a summary dismissal if there are grounds that the behaviour/actions of the DH has put the child in danger. However, I would recommend two things
1 you go to the agency for this settlement (whatever method you choose)for witnesses
2 if the summary dismissal is your choice, you have some proof. For example a letter of warning stating that whatever happened, should that type of thing happen again the helper will be immediately dismissed without notice. Of a video, or photo which you can prove is within your right for immediate dismissal.
You will still need to pay a one way ticket home according to the contract and for whatever reason you are still obliged to pay for the ticket.
Good luck
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Thanks all!
She started just three weeks ago, we were waiting for our contract to arrive from the agency which has now closed down
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All you need to do is write a formal letter addressed to the Immigration 5/F DH Section. Stating her Ref No. (it's written on the letter from the immigration approval notice). State which date it is in effect.That you would like to terminate her for whatever reason ( need not specify). The letter should be signed both by you and the helper.And both of you should have own copy of the letter so you need to photo copy for her. Send it by email or fax to the immigration.The helper then has 14 days allowed to stay in HK at her own expense on the day after you faxed or emailed the letter to the immigration. You should give her a one way airfare ticket to her country of domicile and the travel date is 14 days after you submitted the letter to the immigration as well, or give her amount equivalent to a one way fare to her country.You should also give her a full one month salary from the date she started even though she just worked with you for 2-3 wks.That's the legal way.I used to work in Emry's employment Agency.
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Thank you Beth10
As someone previously worked there...
Any idea if Emrys is currently in Wan Chai or completely gone?
We have a refund due to us (of course not likely) but willing to try if there is any chance we can get it back...?
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Beth10 Actually you need to submit the 407E form not write a formal letter
http://www.immd.gov.hk/eng/forms/forms/id407e.html
Emrys agency has been closed by the Philippine Consulate for accepting placment fees for non existant positions. They will not be open again any time soon. They owe millions to DH in agency fees
http://www.sunwebhk.com/2016/06/polo-suspends-emrys-over-job.html
Good luck getting any money back form them
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On another note, if it is Emrys that is your agent and you wish to dismiss this helper and you don't have your contract from them either, I suggest you take her straight to the Phils Consulate in Admiralty. Let them be your witness and tell them your problems with this lady and let them know that your agency has closed and left you high and dry (so to speak)
Cover your bases and let the Consulate know that you are also a victim here.....
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Great that everyone.is offering advice...but just a reminder that the helper.has the upper hand since she is a live out. If you terminate her and try not.to pay her one month in lieu, she can try and make many claims e.g. you forced her to live out, whilst living out she got no food, she had her money stolen. Labour department is always supportive.of the helper.
It doesn't matter if you dont have a copy of the.contract. as long as you have her hkid card number. Terminating is easy but you are dealing with someone who.is already lying ..so if she doesn't find another employer you may find she gets deperate.
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That's why DON''T breach the laws by letting helper to live out.
Legally and strategically, there is no point.
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If she only started 3 weeks ago and your still waiting for your contract to arrived that means her visa is not approved by the Hong Kong immigration??? That is illegal for a helper to start working until the visa from HK immigration is approved!
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