Termination of Contract - FDH



ORIGINAL POST
Posted by kissy.missy 15 yrs ago
my friend is terminating his FDH's contract coz he is sending his kid back to his country and his wife and he will be joining him soon after. he contacted the immigration and asked whether he is allowed to terminate the contract based on his kid returning since the FDH was hired MAINLY to look after him. the immigration told him that they have no comment and to put this request in person to the immigration office.


he understands that the main reasons to terminate her contract is if he is financially poor/leaving hk for good/ill-treatment. since his kid is leaving for good and not his wife and him so will this special request be granted to terminate his FDH's contract? has anyone been through this experience before?

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COMMENTS
kissy.missy 15 yrs ago
thanks cara - the immigration repeatedly told him the main 3 reasons to terminate his FDH's contract so hopefully his letter stating the "kid leaving hk and not needing an FDH any longer" gets processed without any objection. just a bit weird that the immigration refused to comment on his status. hmmm

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AYM 15 yrs ago
I have phoned the Immigration Dept and inquired about the same issue before. As far as the Immigration Dept is concerned, it does not care what is/are the reasons for termination. In fact, the lady whom I had spoken to told me that you don't need to state any reason at all. What the Immigration Dept cares is that whether the FDH is staying in Hong Kong legally. He/she has 14 days to stay here and look for another job if he/she wants. After that, the FDH must exit Hong Kong.

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kissy.missy 15 yrs ago
thanks for the replies!

one more question - can her current employer just fill in and sign the immigration form ID407E "Notification of Termination of an Employment Contract"? or does she have to write a release letter as well to notify the immigration dept? i am guessing that signing ID407E works as a release letter, right?

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axptguy38 15 yrs ago
I would only feel comfortable if the helper had signed a release letter. I wouldn't just go for the ID407E.

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kissy.missy 15 yrs ago
thanks, axptguy38!


basically the FDH will be submitting both parties' ID407E to notify the immi dept regarding her contract's termination and does not necessarily need to submit a release letter to the immi dept. i have been told that the release letter is mainly for future employers so the ID407E from both parties should be enough to act as written notification to the immi dept.


just trying to gather the docs to help my friend's FDH to apply for change of employer hence the question but google answered me before getting your reply. :)

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axptguy38 15 yrs ago
"i have been told that the release letter is mainly for future employers"


It's mainly for YOU. It helps protect you if the helper comes after you for wages she claims you didn't pay and so forth.

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SanjKash 15 yrs ago
I am trying to hire a FDH who is being terminated because of relocation of the employer. I called Immigration today and they said that she must produce the release letter (original) to Immigration. Once they accept all the papers, then they will consider whether she can stay on in Hong Kong to process another job application. The reason is quite important for the future employer as she can then process the application in HK and defer leave if necessary - if it does not fall within the conventional "lack of finances/for good/finish contract" then the FDH will have to get out of HK regardless if she finds another employer and hire an agency to process from overseas which is a real pain.

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kissy.missy 15 yrs ago
feedback: the FDH has just applied for her new contract with her new employer and immigration didn't insist on the "release letter" because i had filled in the ID407E for both parties to sign. as long as the current employer signs a document stating the reason he is terminating the FDH's contract, be it ID407E or release letter, immigration will accept it.



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SanjKash 15 yrs ago
Yes, Immigration will not care. The future employer needs it esp. if for financial reason/leaving for good!

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kissy.missy 15 yrs ago
ok another problem in hand, the immigration had sent a white form and a blue form with the FDH and asked her to attend the interview with her new employer with both forms.


i went through the forms and the white form says that the new employer has to sign it as an acknowledgement and return it through the FDH and i asked the FDH whether the new employer has to return it asap or can take it with her at the interview date and the FDH seemed confused. since she is very poor in english, i am not sure what she got told yesterday.


anyone had this blue form-white form experience? care to share?


cheers.

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SanjKash 15 yrs ago
do you know the form nos?

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kissy.missy 15 yrs ago
well i checked the nos. on the bottom pages of the blue form and the white form and googled/searched on immigration office's website but they didnt come up. the nos. are L1-FDHw3 and FDH17..??!! @_@

i've sent an email to immigration so waiting for their reply.

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