My helper of 6 months has got a new job as we are leaving HK. Is this legal for her to do this if i give her a release letter? and also do I still have to buy her an air ticket back home?
My helper of 6 months has got a new job as we are leaving HK. Is this legal for her to do this if i give her a release letter? and also do I still have to buy her an air ticket back home?
Legally, you are required to inform the Dir of Imm as to the early termination of the employment (effectively break of contract).
Tell them your and your helper's personal details, Ref no. of the contract and date of commencement and conclusion/termination of contract.
Write to:
Director of Immigration,
Foreign Domestic Helper Section,
6/F Immigration Tower,
7 Gloucester Road Wanchai,
Hong Kong
See the Imm Dept website:
http://www.immd.gov.hk/ehtml/faq_fdh.htm
and read, amongst the points, Q.15 copied as follows:
Q15: Do I need to report to the Director of Immigration if my contract with an FDH is terminated prematurely?
A15: Yes. Clause 12 of the Standard Employment Contract (ID407) states that in the event of termination of the contract, both the employer and the FDH shall give the Director of Immigration notice in writing within seven days of the date of termination. A copy of the other party's written acknowledgement of the termination shall also be forwarded to the Director of Immigration. It is essential to state the exact date of termination and information such as the reason of termination will be useful.
Also, be aware of the 'Levy'..Hopefully you only paid by instalment other wise you may lost all remaining balance.
Contact Imm Dept as above Re. the flight and other allowances, including annual leave due.
Regards,
Sarawesi
Last edited by sarawesi; 10-12-2006 at 03:13 AM.
thanks for that - do you know if i have to supply her with air ticket back home?
Yes, you do need to give her a ticket home or the cash for a ticket.
Remember to make her sign a receipt of her salary/ticket/stautory holidays etc. My ex-helper told her employer some sob story that I didn't give her a ticket etc, and so the employer called me to yell and ask me for a ticket. Crazy #$%%!