Posted by
Rachaell
15 yrs ago
I'm expecting twins in the summer and unfortunately although my helper is great, she's 58 and I don't think she will be able to cope as we just moved to a village house with lots of stairs and she has a bad ankle. However, she told me that if we could find her another employer we still wouldn't be able to transfer the contract, is that right?
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Your helper is correct, she will have to sign a new contract with a new employer. If she can no longer manage the increased responsibity of twins and lots of stairs in you house, then you are within your right to terminate her contract, as she is in her rights to go.
Perhaps you can speak to an agency to get their help in finding her a new employer, give her the references she needs etc to find an employer more suited for an older helper.
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But she also said if I terminate her contract, legally she wouldn't be able to get another contract and would have to go back to philippines....
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Of course she can get a new contract if another employer is willing to employ her, and if you help by putting her on an agencies books, giving her a fair reference then she has more of a chance. Contact Evelyn on this forum she will advise.
I think from reading between the lines your helper may not be able to cope with housework, twins, and stairs, but she may be quite suited to a couple maybe in an appartment, with no stairs, so is potentially still employable by somebody else. OR
Check with Imm by either phoning them or emailing them, they will verify this.
You as the employer have the final say, you know what your needs will be, you have to think of the future and the extra workload etc that the twins will bring. The other option is to get another more able helper and keep the one you have as well if you have the space for 2 and the money.
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Yes I thought it was a bit strange, does it really matter if I terminate if someone is happy to employ her. She's great but these village houses are quite tiring with the stairs so I think more suited to a younger helper. Thanks for your advice.
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if you write a good reference letter for your helper then it will help her to get another employer asap. when you terminate her contract, you have to notify the immigration (immigration told me that i can terminate my helper on three cases - if i cant financially support her anymore or if i am leaving hk for good or if i ill-treated my helper), some of the posters here also told me that i dont have to give a good reason to the immigration - just to let them know that helper's service is not required anymore.
if you email your concern to the immigration department then they are very willing to help you clear your doubts.
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If your helper is in the first contract with you,either the employer or the helper can decide to terminate, giving one months notice at any time, and just pay wages due and any holiday pay owed, plus air fare home.After 24month ie 2nd contract with the same employer, she may possibly claim, redundancy and need to be paid up to the end of this contract.
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Don't terminate her contract yet until she finds new employer.some employer wants their helper to start working right away. just make it sure that somebody is going to hire her before you terminate her contract otherwise after her 2 weeks or so visa she must go back to Philippines probably for good if she cant find an employer..
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Hi Rachell, I think you will have to work out how much time you need, to terminate one empleyee and hire the next one, as you will want to get the new one used to your place, and requirements of her, before you have your babies. I know it would be nice to keep your old helper till she finds new work, but that may take time to find the right employer for her, best bet is the agencies, good reference and you will have to set yourself some kind of 'deadline" when you cannot wait any more, to begin hiring a new helper.
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Just got the official line from the Immigration Department and looks like my helper was right:
"Application for change of employer in the HKSAR within the 2 -year contract will not normally be approved. If the Helper wishes to take up employment with a new employer in the HKSAR, the Helper must return to his/her place of origin and apply for a new visa to the Director of Immigration either by post or through his/her new employer"
Can't see the logic behind this, what a bummer...
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"...will not normally be approved.." doesn't mean that there is a 0% chance of not changing employers.
i recently helped a friend to transfer her helper's contract to another employer before the 2-year contract and the application was approved and she didn't even have to leave HK. maybe condition to leave hk and apply for a new visa is based on nationality..? my friend's helper was from nepal.
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