Posted by
TayTay
18 yrs ago
Been reading a lot of posts regarding termination of contracts etc., but have a situation where I need some advice. Hope you can help.
My helper handed in her resignation this morning and has offered to work out the one-month notice. Personally, I am not too comfortable with her being in the house, and would prefer to pay her one month in lieu of notice. This is where I have a query.
My helper owes us money and there is still a balance due of HK$2K. Can I legally deduct this from her month's pay, and if so, do I have to specify this in my letter for her to sign, or can I just have her acknowledge that she received her full month's salary? This sounds like I'm asking a silly question, but just don't want to fall into her traps here.
Also, if we do go ahead with having her leave immediately, do I need to give immigration a reason why we've decided to let her go, even though she's offered to work the one month?
Thanks in advance!
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She's the one who resigned, thus the one month notice or she has to pay you a month's salary .--
" He who breaks the contract should be the one to give a month's notice or a month's pay in lieu of notice"
If you would rather let her go now, I don't think you need to pay her ( but I could be wrong, but I was in similar situation ) )anything except for her one way air fare and unpaid annual leave. The money she owes you, she should pay in full or you could deduct it from the amount of unpaid annual leave + air fare.
It happened to me 8 years ago ( though the other way around. My boss asked me if I could find another job as their daughter moved to Australia and the wife does not work ) The next day I went for an interview and got the job. I did not ask for a month's pay because I opted to start processing for my new job . They just paid me for air ticket and for the 21 days I worked for during that month.
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Dear TayTay,
I think it is wise for your to let her leave immediately and pay her one month's salary in lieu of the notice given. I had a similar experience before, when my helper resigned and owe us some money. We wrote a letter that we are deducting her salary of HKD1,500 in view of the money she owe us and she agreed and signed the letter. As for the immigration, you don't have to say or write a reason for having her leave immediately because the DH was the one who decided to terminate the contract; not you. Also, if you refer to the yellow book and the green form of the DH contract, you will see a clause saying that both parties can either give notice of one month or pay one month in lieu of notice; which means if the DH decided to terminate her contract immediately, she loses her one month salary and vice versa.
I hope this helps!
AT
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Thanks for the replies. They definitely help.
A few more questions - sorry!
1. Air ticket home - been reading other posts regarding this matter. Do you think it's better to buy a ticket or give her cash to buy her own? If we buy a fixed date ticket, it seems that there is the chance that she might not get on the flight and then claim that the date we chose was unreasonable. Plus I believe she wants to use the time in HK to find another employer (not that I really care, to be honest). If Immigration only allows her 14 days to stay, I don't think I have a problem with her being in the country. Even with what's happened, I still want to be reasonable to a certain extent.
2. Paid annual leave - I understand from the Labour guidelines that for every 12 month period of her contract, she is entitled to pro-rata annual leave pay. She has only served a few months of her second contract. She took all her entitled leave from the first contract, so does that mean I don't owe her any leave pay as she hasn't even completed 12-months of her second contract?
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You can buy her the one way ticket dated 14 days after she leave your house, because normally they have 14 days after termination of contract, and she can change anytime the date if she want to fly before the date stated stated in the ticket, but not when after. She will be leaving eventually becuase she is breaking the contract, she dont have much time here only the 14 days, immigration have strict rule about this. You can also pay her 1000HK$ that depends on where she came from. I think you also have to give her money allowance to go home to her homeplace, before we gave our helper 200HK$ because from the airport she have to take the bus to their province.
You can refer to the Labour department website for more informations, there are also forms there you can see and use if ever you need it, but was very helpful to me before.
I think for the annual leave you can pay her pro- rata, becuase she dont have one year yet on the second contract.
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http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
this might help you.
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Hi TayTay,
I've sent you a private message.
Thanks!
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