We are relocating and will need to terminate our helpers contract early. Does anyone know what the legal requirements are as far as payment. I have tried to find a past thread but had no success. I will be ringing the labor dept, nut thought someone might know before I get out on hold for hours.
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cd
16 yrs ago
You just need to give one months notice, or pay 1 months in lieu of notice,plus pro rata pay for any outstanding annual leave and a ticket back to home destination.
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MayC
16 yrs ago
It's pointless ringing the immigration department sometimes. They put me on hold and when I get to the 8th person holding, it cuts me off. This has happened countless amount of times.
Did you hire through an agent? Your agent will be able to help you calculate.
In addition to what cd mentioned, I think you also need to give her HK$100 for her journey back to her village/hometown.
You can also give her money instead of buying an air ticket for her. If the reason for her termination is due to your relocation, she will be allowed to stay on to work for another employer.
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Great thanks , cd and MayC. Really appreciate your help.
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I have also heard that we should pay her salary times the amount of years she has worked for us?? I am thinking that this is just a gesture, like bonus but for us it is a lot of money as she has been with us for 4 years.
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no you dont - only if she is into her 3rd contract with you.
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FKKC
16 yrs ago
marypoppins,
I think in your case, you have to give her the severance payment, i.e. 2/3 of the recent salary x 4. Please check!
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Ok, thanks. I did read about that somewhere. She will have been with us for 3yrs and 9months.
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We are happy to pay whatever needs to be payed. I have sent an email but have not heard back yet. Thanks.
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cd
16 yrs ago
You only need to pay Long service or severance pay after they have completed 5 years with you.
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Yes GreenValleys that is correct I have just had an email from the Labor dept.
Thanks everyone for your input.
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cd
16 yrs ago
Sorry I stand corrected, severance pay is more than 24 months if contract terminated by redundancy.
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http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
This is a link that usually answers most questions.
She is entitled to one month notice or one month salary instead.
Air-fare plus travel expenses home.
Any holidays acculumated. Long service would be factored in only if she is on her third contract with you.
BUT b/c she is being terminated b/c you are leaving she is eligible to find another employer and be signed immediately rather than returning to her homeland. She is allowed to ask for a special interview and if IMD agrees she can go to work immediately. So if you buy an air ticket, buy only an open ticket with no fixed date.
I know a girl who has just had this happen to her, and she waited for nearly one month for the IMD interview (but they extended her visa) and she had a contract in hand with the new employer and after it went through Phill Con. she got processed within one day and went to her new employer.
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She has already found someone, sorry.
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Chin
16 yrs ago
Dadda - I'm terminating my helper early. She has been with me for almost 6 years taking care of our dogs. She was initially hired to take care of our baby but something happen. A month ago my dog died. So, we really don't require her service. She is honest and loyal. I just want her to find a good employer.
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