New Hire

I want to hire a relative of my friend's helper. She has broken her existing contract as her employer did not treat her fairly and is currently working 1 months notice. What is the procedure for me hiring her - does she need to return to the Philipines if so who pays for her flights, am I responsible for processing her papers, must I use an agency ?


Any help with these questions greatly appreciated.

There are only 4 valid reasons the HK Immigration allow the foreign domestic helpers to stay here to process the papers.Those reasons of termination such as, if the employer passed away, if the the helper has been maltreated by the employers,if the employers gone for good and if the employers terminated the contract because of financial problem.If the reason of terminations is only because the employers were not happy with the helper`s performance its likely the Immigration will ask the helper to go back to the country of origin.If the helper return to her country of origin,you will be resposible to pay for her one way ticket, that is ticket from her country of origin to HK.You don`t necessary to go to agency, if you have time to go to the Immigration and to the consulate you can process the papers by yourself.Some helpers, they process their papers while in HK and just wait for the visa in the Philippines,that is if the new employer are willing to wait,because that will takes 6 weeks to 2 months to get her a new visa.But in some cases the HK Immigration might consider her to stay and give her chance to process her papers.In my own personal experienced,my first contract was unfinished ,too. My first employers terminated the contract when their previous helper returned which is my sister, as we had agreement that they will terminate the contract with me as soon as my sister return from the Philppines,because they just hired me to replace my sister while she `s in the Philppines. So what I did, I wrote to the HK Immigration and explained to them my situation,then after few days I personally report to the Immigration together with the released letter of the previous employer and the newly signed contract of the prospect employer and their supporting letter.I think the HK Immigration thought that the need of the prospect employer is urgent because they have a newborn baby and both the couple are working, I was amazed when the Immigration did not ask me to go back to the Philppines.After 6 weeks I finally got my visa.

br10572 - did you wait until your one month's notice was up before putting in your new contract or did you put in your new contract during your one months notice period? The reason for asking is that I'm about to employ a helper who has resigned from her job & I want to put in an appeal to try to avoid her having to return to her home before starting her contract with me, as I need a DH urgently. I don't know when we should put in the new contract (ie during her months notice with her previous employer or after)

If the one noticed has finished,by HK Immigration Rules the helper is allowed to stay HK up to 14 days. I think the previous employers informed the Immigration when they give a one month notice.To make sure just wait until the one month notice up,then report to the Immigration together with the released letter of the previous employer. Make sure that all the papers are ready such as, the old contract, the passport, the released letter of the previous employers (must be a valid reason why they break the contract),then the newly signed contract(signed by the new employer),the financial statement,the proof of address like telephone bill or any utility bill, then the photocopy of the HK ID of the new employer if theres any, in case no HK ID the photocopy of the passport will do, then the supporting letter(must explained the reason why do you need the helper urgently example if you have small kids that need to look after or because both the couples are working).If all the papers are ready the helper can go to the Immigration. In my case,during my interview, when the Immigration asked me if what can I say about the previous employers, I told them all the positive attitude of my employers,because that was the truth even theres some things that I dont like I did not mentioned it because I wanted to give the Officer an impression that it is not the relationship between me and the previous employers were the reasons why we terminated the contract,but because it was the agreement.And also I wanted to give them the impression that I`ve been happy to work with my employers and we are both sad that I have to leave them, therefore my employers were willing to support me to get another employment. They were also willing to talk to any prospect employers.And of course,the Officer are chinese I think it would not be nice for them to hear any bad comments about their fellow chinese.So it also depends on your helper how she answers during the interview.Most of the terminated filipinas did not get a favor because of course if they were terminated by their employers its just normal that they feel bad about their employers so the moment they face the Immigration Officer they will say nothing but all the negative things about the previous employers.

Then after my first interview, the Officer gave me a blue paper which indicate the date and time of my next appointment,they also asked me to go to the Phil. Consulate to notarized the new contract.In the Phil. Consulate, I just submit the 4 copies of filled-up and signed contract, then my passport, the employer`s HKID (photocopy), I`m not sure how much they charge now to notarized the contract, then after 1 week I picked-up the notarized contract. Then I report to the Immigration on the date and time of my appointment.Then I filled up another extension of visa application,then I submit the application together with the notarized contract and my passport.After less than hour of waiting they call me again then this time they give me another 6 weeks visa.That means I dont need to leave HK while waiting for my working visa.Then after 6 weeks I come back again to the Immigration , then pay the visa fee which that time cost about 250 HK dollars.Then they give me my passport and my new working visa was attached.Remember that it is not allowed that the helper will start to work to her new employer while the visa is on process,but normally most of the helper do.Just make sure the helper will tell the Immigration that she have a place to stay like boarding house or any friend`s house,but dont tell that she will start to work with you immediately.If your helper is smart enough, this will save you from paying agency fee.

Half pint,

If your prospective helper resigned (i.e. she is the one terminating the contract) then she will definitely have to return to the Philippines during the processing.

Thank you br10572 for taking the time to answer my question. I will try to put in an appeal when I submit the new contract. Thank you too for Amyvalentine for your response; I suspect she will!!

Half pint,

You are most welcome.