Ending a contract early due to mutual agreement

After only 3 months our helper and we have come to a mutual agreement that we'd all be happier in the long run if she had another employer and we had another helper so we've agreed to to go our separate ways.


We've decided that We'll look for a new helper and she'll look for a new employer and in the meanwhile she'll continue to work for us ,so at what point do we need to 'put it on paper' for the immigration department/employment authorities, etc. Is there a way of notifying them of this decision when neither party is the one quitting or firing?


What are our legal obligations here?

I suggest that you should have a written agreement with your helper about the condition of termination of contract that whoever find's first should at least give a one month notice of termination in written, which makes it fair to the other party.


If notice is to be given, upon termination of contract you only need to pay her the days she had worked for, an airline ticket to her place of origin, travelling allowance not less than HKD100 and annual leave if she is entitled to. You may check with the HK labour department website if you have any more concerns. In any settlement with the helper, ask her to sign and acknowledge what she receives.


You only need to notify the HK Immigration on or within 7days of the termination date. You may send the letter by fax 21111339 or drop it off directly to wanchai tower 2/f Incoming Mail.


Hope this helps.

I agree... make sure that also have a neutral witness to counter sign, and also have the helper sign the mutual letter. Send copies to the Labor, Immigration and Phil. Consulate too.


include in the letter the amount of compensation, other benefits such as flight home etc.,


there are many cases wherein the helper went to the Immigration, Labor and Phil. Consulate with trumped up tales of woe, employer abuse etc.


better have all bases cover

"But for the helper, she must be prepared to go home after termination because she if she gets employer, she has to wait from her country of origin."

not necessarily! my helper is nepalese and she didn't have to go back to nepal when she was waiting for her visa to be approved. she had her contract terminated and i applied for her.

other nationalities might have to go back though.