Posted by
Susie1
15 yrs ago
Can a helper sign with another employer, halfway before her contract expires.?
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No. Immigration would not allow it. She can on the other hand break her contract AND THEN sign with another employer.
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If she goes I won't be sad, out will come the Champaigne, even though I'm not a great lover of It. I will make sure there is a witness present, and pay by check, for all the things owed to her, and get her to sign for it.
Thankyou for all your replies.
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I agree with IslandHopper. When the employer terminates an employment contract (thus firing the helper) that's within her rights as stipulated in the contract itself and therefore not breaking/breaching it. It's the same when it's the other way around when it's the helper who ends the employment contract (even if she planned on working for the employer just so that she can process her papers to work in the UK, Canada, US, or Afghanistan).
Breach of contract is a different matter. For example: (1) paying the FDH lower than what is stated in the contract, (2) making the helper work in two different homes, (3) firing the helper without one month notice or payment in lieu, etc. [The helper can be in breach of contract by (1) working for another person, (2) running away without notice, etc.
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lace
15 yrs ago
On top of it, if the helper resigns he/she has to give one months notice or pay you one month in lieu if she wants to leave early.
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While most people call it "breaking the contract" what they actually mean is "giving notice of termination".
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lace
15 yrs ago
Fully agree with IslandHopper. While it was not exactly nice of Nicky Leung's helper to sign a contract having no intention to serve it out, a Domestic Helper has the same right as anybody else to terminate/give notice. We have all done it at some point to our employers.
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