Posted by
crj
18 yrs ago
Hi
My former helper, who was terminated, just called me then came to my house to ask me to sign a different termination letter. The one she brought is a form letter (ID 407E 11/2005) called 'Notification of Termination of an Employment Contract'.
She told me immigration 'rejected' the termination letter we sent to them... which is strange as they didn't tell me that!
She has now asked me to sign the form the Immigration Dept gave her. I, of course, have refused until I speak with them tomorrow.
Below is the text from the termination and release letter.
Is there anything wrong with the below letters?
Has anyone had a similar experience?
Any advice on what to do?
We have already paid her final salary, air ticket, transport fees and all money owed. She also signed something proving she recieved it.
This is what I sent to them:
TERMINATION LETTER
30 January 2007
Dear Sir/ Madam,
Re: Termination Letter for NAME
Pilipinas Passport Number XXXXXX
HKID XXXXXX
This is to inform you that NAME has worked for my family since 10 January 2007. Her employment contract will be terminated on 30 January 2007 and she will be released on 28 February 2007. The reason of termination is that she is not able to carry out all of the duties required of her in a timely manner.
We have a 1 year old baby, and my wife is 7 months pregnant, we both work full time and we need a helper who can manage all household duties including cleaning, cooking and baby care in a timely manner.
We wish NAME the best of luck in the future finding a suitable employer who can utilize her baby care skills.
Thank you very much for your kind attention.
RELEASE LETTER
16 February 2007
Re: Release Letter for NAME
Pilipinas Passport Number XXXX
HKID XXXX
This is to inform you that NAME has worked for my family since 10 January 2007. Her employment contract was terminated on 30 January 2007 and she will be released on 28 February 2007.
We wish NAME the best of luck in the future finding a suitable employer who can utilize her baby care skills.
Thank you very much for your kind attention.
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I don’t think so Immigration rejected your termination letter. Immigration Department normally will accept any kind information that will support her when she found a new employer. Either the helper can stay in Hong Kong while waiting for a new visa or the helper has to leave Hong Kong to wait of the new visa release.
The termination letter that you give to your helper should be the same as the termination letter that you sent to Immigration Department. Immigration Department only considers the letter that you sent to them and not accept another letter if there is any different.
But its doesn’t mean the Immigration rejected your Termination.
In your case that you have 2 different letters and with different date, may be Immigration officer doesn’t accept the letter that you gave it to your helper while she report her termination to get an extension visa.
Some peoples may not understand between Termination letter and Release letter. Termination letter is for reason of being terminate the employment contract and the visa to Immigration information, and Release letter is supporting her to find another employer.
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crj
18 yrs ago
Mahatta
Thank you so much for explaining! (your posts are always so informative!)
So basically, I mailed the Immigration Department the Termination Letter, but my helper incorrectly gave them the Release Letter. So she needs to go back to Immigration and give them the Termination Letter instead.
If she refuses, is this my problem, or hers?
So Immigration does not require the Release Letter ?
Thank you again.
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crj
18 yrs ago
I just spoke to the Immigration Department.
They said they have the Termination Letter on record and have accepted it.
They then checked their records to see if she really did go yesterday, and if so what they told her. They called me back to say they have NO record of her coming.
They also said that we have no further obiligation, since we have proof we paid for a ticket.
If she does come back to my flat today, I will giver her another copy of the Termination Letter and explain to her that this is what she needs to show immigration, not her release letter.
Thank you again for your help Mahatta.
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Nuri
18 yrs ago
Personally, I think she wasn't happy about the details of her performance that you stated in the Termination letter. Hence, she tried her luck to get another one.
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crj
18 yrs ago
Nuri - totally agree.
Anyway, as far as I am concerned, Immigration said we have no more responsibilities, they accepted our Termination Letter from 30 January and they will allow us to proceed with a new applicaiton for a new helper.
Interestingly, I sent her an SMS this morning to tell her, and she hasn't replied, called or shown up - so I think she is aware that she can't make us sign anything further.
Thankfully, I have all the paperwork and receipt for airline ticket and I made her sign a receipt for everything she received - so I feel confident I am in the clear on this. It shows how important documentation is!!
I have to say, the Immigration Dept was EXCELLENT on the phone, picked up immedidiately, and even called me back after investigating.
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If your maid refused to go back to Immigration with the termination letter that you give to her, it is HER PROBLEM. Beside that Immigration has informed you that your helper didn’t report her termination yet to Immigration Department yesterday.
Immigration Department does not require any Release letter.
Your helper may ask another release letter to support her for finding her luck with the new employer. Because in your letter the reason of termination is that she is not able to carry out all of the duties required of her in a timely manner, means the new employers will not consider it is a good recommendation. And she will have difficulties of finding new employer cause of that.
If your maid come back to you and you don’t want to support her, it’s also your choice and you have the right to do so, and tell her that you already sent the Termination letter to Immigration and Immigration already accepted and you have no obligation anymore about her.
And if you still give her a chance for her coming back to you ask some favor, she will always ask your favor.
Hope you are not having troubles anymore regarding your maid.
And it’s my pleasure helping anyone in needs.
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mrsl
18 yrs ago
Wow crj! She really was trying her luck! The thing is, if she had been honest and asked you for a less negative termination letter, you might have obliged, but she has backed herself into a corner now.
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crj
18 yrs ago
Mahatta - you are really good, are you an agent?
Actually, the Release Letter intentionally does not say the reason - but any potential employer can see we terminated her so soon after starting there must be a good reason. She actually has two GLOWING references from her previous employers - one of 10 years one of 2. I spoke to both and they love her - that was why I hired her. And contrary to the above, until this point she has been nothing but nice and professional. She is great with babies, and good at cleaning - but she is SLOW and cannot manage her time well at all. So what I found out after hiring her was that the mothers did not work in the previous families and they helped - so therefore she didn't have to do everything herself.
Anyway, I think she knows she 'lost' this battle, as it is afternoon already and she hasn't sms'd called or shown up...
After a terrible night of sleep filled with worry, I feel much better now and can get on with sponsoring our new helper :)
Thanks agian.
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TC
18 yrs ago
Incidentally, when it comes to informing the Immigration Dept it is clearly the employer's responsibility. If the helper is asked to take the letter and doesn't do it (intentionally or otherwise) it falls back on the employer, not the helper. Quite a risky practice asking relying on the terminated helper to fulfill the employer's legal obligations!
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Cri – Yes , I am an agent. But I don’t want be misguide here.
No matter how good the helpers, but if there is earlier termination means there is something happened. And most of the helpers want to get a good recommendation and a good release from the previous employer. But most cases they are not successfully of trying there luck.
Glad that you felt better now.
TC – employer has no responsible of anything’s to the helpers after the employer paid all the outstanding salary and the air ticket, then inform to Immigration Dept. of the termination of there Employment Contract.
How can you demand to your Boss (company, bank, corporation etc.) to take obligation to you if you are not working anymore with them? After the Termination of the employment contract means you have no connection about working relation, isn’t it?
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Well, good for immigration dept being so efficient.
The fact that your ex helper lied means she's up to no good. Maybe she is getting your signature to forge a reference letter, or worse still
Better tell security guards she should not be allowed entry into your building, and that she has been terminated
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cri, i know this is a stupid question but do you have the number of the immigration department??
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crj
18 yrs ago
I got it from their website... But I found out they open at 8 or 8:30, so calling early seems to work really well.
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Immigration Department tel no. 2824 6111
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