Posted by
slowdive23
11 yrs ago
Hoping a few of you out there won't mind shedding some light on sticky situation:
Our helper put in her notice after two weeks of work, and timed it so that she would be able to stay in our home while we will be away on vacation.
She said she would give us 30 day notice, but frankly, we do not want her in our home while we're away. She said her family is sending her money to fly home.
Questions I have:
1. She said she would willingly leave when we are ready. Can we dismiss her right away before our holiday, or will there be an issue? Besides, her situation sounds dire and urgent. If so, what is the best documentation to put together?
2. Do we still need to buy her a flight ticket? I looked online about how long a helper must stay before these entitlements are granted, but I came up empty. Thought the FDH has to work at least three months first.
Any advice would be much appreciated.
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Sorry Cara I disagree that the ER must pay one full month salary in this case.
The girl already gave them one month notice, all they need to pay to the girl is what is the remaining days are left within the 30 days. If the girl wants to leave early, she pays the employer the difference. The 30 days notice goes both ways.
Or course, one the way ticket home to the place on the contract plus travel allowance @ $100 per day
On another note with this action of one month out of a 2 year contract, the person may find difficulty to come back to work in HK because Immigration is refusing to grant visas.
I personally strongly support this action by Immigration. HK should not be a stopping point for domestic helper tourism.
Use the online termination form, it explain how to go about the final settlement
http://www.gov.hk/en/residents/employment/recruitment/terminateforeignhelper.htm
Suggestion to Asiaxpat. Why don't you stick this on your website? It seems to be a very common request.
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hkwatcher, the problem is the helper is willing to work the 30 days, except she's timed it during the time her employer is on vacation. She pays the employer only if she wants to leave early but in this case, she doesn't want to leave early. Only the employer wants her to leave early (before their vacation). I think there's no way out. I agree with Cara that the employer is still obliged to pay her for the full month's salary as she is working her notice. A flight has to be booked even if she's only worked 1 day with you and resigns.
The only thing you could do is just tell immigration what has happened... the reason why she's resigning and get her to sign it as well. Immigration will make note of it the next time she wants to come back to Hong Kong.
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Agree with Cara and GemmaW
Act quickly. Pay her 1 month salary and a one way ticket back home (with $100 x1 or 2 days depending on how many days it takes her to go back to her home town usually x1 day). Then pack her off and change your locks, fax a letter to immigration to letthem know she has been terminated and the reasons why i.e. she gave you notice but you don't want her staying in your home.
Dont be soft hearted about this, you may come back with stuff missing from your home as this helper seems to be up to something - the timing is impeccable
Also as you send her off make sure she shows you what is in her bags - so she doesn't misappropriate stuff - e.g. lent helper a jacket when we went overseas, and she thought she could keep it!
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I doubt if the helper has any deeper agenda in leaving your employ. She must be missing her family back home and willing to lose whatever she spent in coming over. As far as I can see, she's playing by the contract's provisions. Nothing illegal about it. It's the equivalent of you releasing her within two weeks if you didn't like her.
As mentioned above by other commenters, it's tough for the other side when what happens is not to their liking.
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texjo
11 yrs ago
It is either one month salary or cash in lieu of notice by either party.
If her last working day is 30th May (after giving 30 days notice), but you like her to leave on 10th May, you pay her the wages of 10 days. Remaining 20 days to be considered as your waiver to her (that mean she can leave 20 days in advance, to her advantage).
Please state in your letter to Immigration Dept that the contract is being terminated as she resigned on her own accord (not terminated by you), and her last working day is 10th May.
As to the airfreight, you pay one way home notwithstanding she proposed to pay herself to avoid legal issue later.
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