Posted by
itsmeinhk
16 yrs ago
We had our DH for 4 years and we will let her go now.
What exactly do we have to give her ?
Is there more than a plane ticket back home + food allowance ????
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If your helper has worked more than 24 months, you need to pay her severance if you terminate her. This is stipulated by law as two thirds of last month’s wages times the years of service. The exception is if you terminate for for cause.
The trip cost should be door to door from your home to hers. Not just plane ticket but bus rides, ferries, etc...
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I don't terminate her, it's end of contract.
Severance payment is owed ??? Thx
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If it is the end of the second 2 year contract with you, then severance pay is not owed. See Labour dept legal requirements in the employment ordinace. http://www.labour.gov.hk/eng/legislat/content2.htm
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I'm not an expert but I don't think you owe severance if it is the end of her contract.
Here are the relevant regulations:
Paragraph 71 of the "Guidebook for the Employment of Domestic Helpers from Abroad (ID 969)" ( http://www.immd.gov.hk/ehtml/ID(E)969.htm) refers to Chapter 10 of the "Concise Guide to the Employment Ordinance " ( http://www.labour.gov.hk/eng/public/ConciseGuide.htm ). Therein is stated that a severance payment is owed if "Employment contract of a fixed term expires without being renewed by reason of redundancy*" or "The employee is laid off". As I see it neither of those applies.
But I may be wrong. It's not crystal clear to me.
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If you're not planning to hire a new helper, then your current helper is made redundant, then you need to pay her long service pay. But if you're hiring a new helper, you don't need to pay the long service pay. This is what I know, please correct me if I'm wrong.
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"If you're not planning to hire a new helper, then your current helper is made redundant, then you need to pay her long service pay"
Not quite. "Long service pay" is only needed after 5 years or more. "Severance" is required after 24 months or more. They are calculated difference. Info in the links I posted above.
You are required to pay severance if you lay her off prior to the end of the contract. Whether you hire a new helper or not is irrelevant.
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