Forums Hong Kong Domestic Help

Problems on Termination

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ORIGINAL POST
Posted by dbg 18 yrs ago
Hi All:


I have recently had to terminate my helper's contract for a number of reasons. I checked with the labour department website and prepared the termination agreement, which was signed by both of us. Also signed was receipt for final payment (balance of month's pay, 1 month pay in lieu of notice and long service pay).


My problem is with the ticket - I have purchased a 1-way ticket to the helper's home country, but she refuses to accept this, saying that she wants to stay in HK. As I understand it, the helper is my responsibility until she is back in her home country - what happens if she refuses to return, and simply gets "lost in the crowd"?


Any thoughts or suggestion on this would be greatly appreciated.


Cheers,


dbg

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COMMENTS
SSN 18 yrs ago
dbg,by law you are supposed to buy her a ticket or give her a lump sum. as you have purchased it already, she would need to accept it. tell her, its upto her to later cancel/change dates or do whatever with that ticket. but you must include the ticket number bought (and amount) in the payment receipt.

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dbg 18 yrs ago
SSN:


Thanks for the reply. I guess I'll have to figure out some way to get her to accept it. I suppose i really should have given her the ticket at the same time as I paid her final wages...

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throbbing 18 yrs ago
The DH can only stay in HK if the immigration dept. grant her permission to defer the return home ie she has new employment arranged.

Maybe send the ticket via registered post to her? Keepp a copy of the ticket though.

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bbvv 18 yrs ago
By the way, once the DH is terminated they have to leave HK within 14 days otherwise they will commit an offence unless they go to immigration dept to extend their stay for a fee.

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jag.123 18 yrs ago
You have done right by giving a one way ticket.

If she refuses to accept, then make a copy of the the ticket, and send it to immigration with her details informing them that you have purchased the ticket, but she refuses to accept.


Or you could actually hand the ticket to immigration because you can't actually force her to leave once her 14 days is up.


Is she still living with you? that would be difficult.


Basically, if you have done your part, then that is it.. just be careful it gets nasty, if she overstays and accuses you of not giving ticket.


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mdap 18 yrs ago
She has no right to refuse the ticket. You need to photo-copy the ticket and copies of the monies/letters you have given her. On her last day, you inform her that she has no right to reject the ticket and if she elects to not take the flight, that is her business but she will be an illegal resident after 14 days. You need to send the letters, copies of ticket to immigration immediately to avoid you being dragged into her plans to remain in HK.

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dasia 18 yrs ago
I'm new to HK so have been reading through all the various posts in "Ask an Expat" to familiarise myself with the city.


After reading the posts on Domestic Helpers I wonder why you hire one at all. Very few seem happy with the 'help' or have one or more problems. Why do you hire? Is it to keep up with the Jones' or to impress your friends back home, or just 'because you can'? Why is it necessary to have live in help here when you would not or did not have it at home?

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