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Helper contract ending queries

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  1. #1

    Join Date
    Jul 2022
    Posts
    12

    Helper contract ending queries

    Hi All, we are in HK for 3 years. we have one helper for last 2 years. Contract is ending soon and we are not intending to renew contract. We hired her with we were new here and had very less knowledge / awareness. She is very arrogant, broke few things. on top of that she showed some law that she is not liable for more than HK$300 per day irrespective of damage. we also found some money less in wallet (we can't be in bedroom all the time and she goes there for cleaning). we don't have CCTV anywhere in home (i assume she wont take if CCTV is around).
    We are intending to let her go after contract ending.
    1. do we need to give her notice?
    2. what if she cause more trouble after we give her notice.
    3. what if we let her go before contract end date? any guidance or post written on this topic?


  2. #2

    Join Date
    Dec 2002
    Location
    Hong Kong
    Posts
    4,948

    Hi, Sorry it didn't work out.

    1. You don't need to give her notice. She may ask you if you will renew as you can renew a contract 2 months before it ends.
    2. You can release her 1 month before her contract ends. This is considered a completed contract and she will be able to find employment without returning home.
    3. If you'd like to ask her to leave earlier than you give her notice at any time, and pay her 1 month's salary, severance pay, annual leave and ticket home.
    https://www.fdh.labour.gov.hk/en/faq.html

    Jontol likes this.

  3. #3

    Join Date
    Jul 2022
    Posts
    12

    thank you for quick reply, I appreciate it. I have few queries in Point no 2 above.
    1. do i need to give her notice to release 1 month early or I can tell her one morning and ask her to pack up by afternoon ?
    2. Do i need to pay her flight back home in case of #2 above?
    3. Anything other thing i need to take care of ?
    4. should i mention about possible theft in letter to immigration or its of no use?


  4. #4

    Join Date
    Dec 2002
    Location
    Hong Kong
    Posts
    4,948

    For #2 you don't need to give her notice. You can do it all on the same day.

    However, give her a couple of days to pack up and arrange suitable accommodation.

    2. Yes, you sill need to pay for her flight back, annual leave and travel allowance to get home $100/day + last month's salary.

    Would draft up a letter and get her to sign that she has received all that is due to her. Salary/leave /ticket/allowance to avoid any misunderstandings.

    3. Write a simple release letter. stating the duration she worked for you and thanking her for her service. You can also write a recommendation for her next employer.

    4. No need to mention anything to immigration. You have no proof.

    Jontol likes this.

  5. #5

    Join Date
    Jul 2022
    Posts
    12

    @rani, you are a great help. thank you so much. I am unable to quote your text and reply due to some error.
    I appreciate your guidance. thank you !!


  6. #6

    Join Date
    Dec 2002
    Location
    Hong Kong
    Posts
    4,948
    Quote Originally Posted by Jontol:
    @rani, you are a great help. thank you so much. I am unable to quote your text and reply due to some error.
    I appreciate your guidance. thank you !!
    Welcome! Forgot to add you do need to pay the last month's salary. Will edit my post above.

  7. #7

    Since it seems to that you don't trust her, and it is not the best of relations,

    I suggest that you either give her one month's in lieu and tell her to pack her stuff on the day and leave since you are afraid she is stealing from you, OR keep your valuables locked and just tell her that due to change in work situation and financial , you will be at home and don't need her. Then try to maintain the peace.

    But before you do not, make sure that you are all up to date and have evidence that you have paid for all the salaries etc.

    I would give the money for the ticket so that she has the option of changing it if she finds another job. But more than that, it saves you the hassle factor of having to book and rebook her flights and changing prices.

    Yes, by law you cannot charge her more than $300 for any broken item.

    Make sure you get all keys back and change locks for peace of mind.

    I am surprised you kept the helper when money is missing. There are plenty of good helpers around .

    CCTV...yes, you can install. It is YOUR HOME. The helper cannot object. If she objects, then she can hand in her notice.
    You might want to get cctv if you really don't trust her for the final month..but really , just bite the bullet, pay the one month's in lieu and release her on the day for your own peace of mind.

    Just make sure you fill in YOUR own form of release and hand it immigration .

    Jontol likes this.

  8. #8

    Exclamation

    Rani said:

    You can also write a recommendation for her next employer.

    ============================================

    But I would suggest an additional point:

    I recall the story of a schoolmaster who wrote on a "Term-end" report --> Young **** is steadily forging his way ahead! [when he could not actually confirm that **** was cheating.]

    Just amend it enough to give any potential employer some cause for thought as to whether she is the "best" possible candidate for their family.

    "Double Entendre" comes in very useful at times!
    GentleGeorge likes this.

  9. #9

    Join Date
    Sep 2012
    Location
    Hong Kong
    Posts
    67

    For hostile employees, I would give them cash in lieu of notice, buy them an air ticket, and ask them to leave immediately. You don't even need to wait till end of contract. I would pay because the last thing you want is for them to make a false complaints against you and take you to court for compensation or purely for revenge. Also, did you hire her through an agency. If so, they should be able to advise you. Best to kick her out immediately, it could turn into a real nightmare otherwise. I have a friend who has had horrible experience with one like that.

    Jontol likes this.