Forums Hong Kong Domestic Help

fire a helper

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ORIGINAL POST
Posted by sbbel 15 yrs ago
Hi,

I want to fire my helper, things are just not getting along between us. No more details but I have good reasons.

So to fire her, I pay her 1 month salary and I pay her a one-way ticket to Ph?

Do I have to buy a real ticket? What day should she leave then?

While firing this helper, can I already start hiring another helper?

Thanks for your advice,


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COMMENTS
axptguy38 15 yrs ago
"So to fire her, I pay her 1 month salary and I pay her a one-way ticket to Ph?"


Yes, but it's not quite just a ticket. You are responsible for door-to-door transport from your home to hers including ferries, buses, taxis and so forth.


"Do I have to buy a real ticket? "


No, you can give her cash equivalent to the cost of travel.


"What day should she leave then?"


Whenever you like.


"While firing this helper, can I already start hiring another helper?"


Yes. You can do that at any time since there is nothing stopping you from hiring a second helper anyway.



I further recommend having her sign a release letter with dates of employment and reason for termination to protect yourself. The reason can be "does not discharge duties to my satisfaction" or similar.



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sbbel 15 yrs ago
thanks axptguy,

i thought that when you give 1 month pay, you do not really need to give any reasons of termination of contract.. so should we do it anyway?

what can she do if we give 1 month notice?

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axptguy38 15 yrs ago
In Hong Kong, you must have a reason beyond "don't need her anymore". See the Guidebook: http://www.immd.gov.hk/ehtml/ID(E)969.htm . §56 Clause 11


"what can she do if we give 1 month notice?"


What do you mean?

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miao miao 15 yrs ago
"Termination of contract without notice by employer


56. Clause 11 : The employer may terminate the contract WITHOUT NOTICE OR PAYMENT IN LIEU if the Helper, in relation to his/her employment:


. . ."


so looks like if you are give 1 month's salary in lieu of notice you don't need to give any reason of termination.

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sbbel 15 yrs ago
that's also what I thought,

or you terminate the contract without notice or payment but then you have to have a good reason or when you terminate the contract with 1 month notice or 1 month payment, then you don't need a reason.

Anyway I am going to immigration dept today to get fully informed

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axptguy38 15 yrs ago
"Anyway I am going to immigration dept today to get fully informed"


You could just call their help line (2824 6111) and save yourself the trip. They are well informed.

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