Posted by
Sapphire
16 yrs ago
In a couple of months it will be the end of my helpers contract which I do not wish to renew for a variety of reasons. What is the correct procedure? Do I need to inform Immigration that I will not be renewing the contract, or does it simply expire and that's it? When should I tell my helper that I'm not renewing in order that she can find a new employer? Does she have to leave HK at the end of her contract before being able to start work with a new employer? I've never done this before so any advice is much appreciated. Thanks!
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annej
16 yrs ago
Hi Sapphire, I'm not sure if you have to advise Imm Dept if you just don't renew - perhaps others can help on this one. With regard to when to tell your helper, legally you don't have to give any notice - the contracts just ends. However, out of courtesy, I think one month's notice would be fair - don't you ? As she's also living in your house and possibly looking after your kids etc, it would also show goodwill on your part to give her a written reference when you give her notice and allow her to attend any interviews (as long as it doesn't get ridiculous). She doesn't have to leave HK if she's completed her contract with you. In fact, she gets 14 days after she's finished working for you to find another employer. I am a tad surprised that she's not asked you already though (if you are going to renew) if you only have a couple more months. And don't worry, it's all quite normal not to renew after 2 years for any number of reasons.
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If your helper's contract is ending in 2 months... (and she hasn't asked you ?)... maybe she's thinking the same thing ?
But you just have to ensure she signs a letter of Acknowledgement that you and her have nothing outstanding, including annual leave, miscellaneous amounts, salaries, loans, her air ticket home (or cash equivalent).... then to be safe, you should send a copy to the immigration that this person finished contract with you, and have left your household for good. But legally, it's not required. But for safety, I recommend it as you don't know what this helper does after she leaves your house. It's to ensure whatever she gets into after she leaves, it's not your business or problem.
She doesn't have to leave HK if she starts work with a new employer, she can defer her departure depending on her passport and visa... but that's not your problem either.
Most helpers who are finishing who wish to renew would probably asked you by now....by beginning of the last month, she can sign with new employer....and if she still doesn't find a new employer, she can extend her visa for another 2 weeks after the initial 2 weeks....
But finished contract helpers are very HOT on the market... she would be hired I think almost immediately.
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Thanks for your advice. She did actually mention it to me a couple of days ago and I told her I needed to discuss with my husband (he's the one who signed her contract) who's away for a few days.
So, basically then, it's not a legal requirement to notify Immigration that we don't intend to renew the contract, although it would be advisable to do so? That's all that was concerning me really. I will let her know straight away of my intention not to renew, to be fair to her. Is it standard that employers get the helper to sign an acknowledgement with regard to no outstanding salaries, leave, air ticket, etc, or would that just be if you've had problems with the helper? I would actually feel a little awkward asking her to that ...
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It's standard practice, at least everyone I know has a Black and White (no matter finish contract, or resignation or termination)... as long as the DH leaves your household, and the contract stops, having that letter in your hand for the future is going to protect you more than you know.
Guess you haven't heard of any of the terrible things that can happen.... don't want to scare you, but don't be too "naive"... just because you never had problems with the helper, doesn't mean things don't happen.
I had a friend who had a helper who was with her for 4 years. Finished contract. Left the house in good terms. 3 months later, my friend receives a letter from the labour department indicating she's being sued by this helper for owing ONE day annual leave's pay.
My friend videotapes all her DH's departures, and it was clear on the video and on her acknowledgement that it was mutually agree that everything is cleared and no outstanding balance as of the day she left the house.
My friend won. But it was a pain to have to take off work, dug out all her documents, and contracts, and all the salaries issue receipts, and the annual leave, and the air ticket receipts.
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annej
16 yrs ago
I agree with the other posters. You MUST get her to sign for all the money/tickets paid over at the end of the contract.
It's just the same as getting her to sign for her monthly salary - no need to feel awkward. This just provides a correct record for you both (she gets a copy, so do you).
As far as I know, most helpers expect to have to sign - it's normal!
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