when should i consider end of contract

I would like to know which date should i consider as end of contract date for my helper. We signed the contract form for my helper on 16th Aug 2007, she got phillipino consulates notarization on 28th Aug but her HK immigration visa ends 6th October 2009. I was under the impression that i have until october which means in september i will make a decision about renewal of contract based on some personal issues, but last night my helper told me that she wants to discuss becoz her contract is ending next week. It came up as a shock to me.


Also, if i renew the contract other than airfare what are my other financial responsibilities. She went to phillipines once in two years of her stay with me, so do i pay her in lieu of annual leave although she will be going in December of this year if i renew.


any advise appreciated.

beancurd thanks for your reply. But, which date should i consider end of her contract which is my biggest dilemma?

My understanding is that end of contract is based on the date that is on your contract, not the date of her visa. If you are planning to renew, you should apply for renwal within 4 weeks before expiry. Also annual leave can be deferred so there is no need to pay her for the outstanding leave now if you are planning on having her go home in December.


Btw, when you say that she has already gone back to the Philippines once during her current two-year contract with you, how long did she go back for? My understanding is you owe her one trip back to the Philippines at the end of the 2-year contract (actually the reasoning is that you pay for her to go back (one way) to the Philippines at the end of the contract and then pay for a ticket to come back to HK (one way) for starting the new contract with you. That is the spirit of the return airticket at the end of the 2 years. She is also entitled to 2 weeks annual leave at the end of the 2 years.


Hence, if you paid for her ticket to go home mid-contract, then technically it could be considered that she received this in advance of the end-of-year contract. Also, if you gave her paid leave during this period, it could also be deducted from the 2 weeks you owe her at the end of the 2 years.


Pls note I am only stating what my understanding is of your contractual obligations with her. There are of course many employers who will give over and above that - but that is up to you. (For instance, with my helper, I buy a ticket for her to go home once a year - ie. 2 return tickets every contract - but she only goes back for one week each time (so 2 weeks for the 2 years).

Does anyone know who and what no: to call for domestic helper's issues

The Immigration Dept Hotline: 2824 6111

We've always used the date they arrived in HK and started work, which follows more in line with the visa date..

If you read the front page of the contract it gives three options.

2A. two years from date of arrival in HK.

2B. two years from expiry of previous contract with same employer.

2C. two years from date of visa from Immigration dept.

Which ever is appropriate.

In your case it would seem to be that if your helper was issued their visa by immigration on 6th Oct, that is the date.

The date on which you signed the green papers, or the date the Phils Consulate stamped it are immaterial.

It is the date of visa (in other words, date of approval of the contract by immigration) that counts.

Thanks everyone. I am going to go with the visa date which allows me to decide not in haste. It works better for me than to terminate later....