Domestic helper contract early termination & re-employent question

[Sean07]

Hi all,

This is our first time hiring a helper, and we've decided against using an agency.

We placed an ad on GeoExpat and held interviews over the weekend. We've chosen a lady that we particularly like. She's a perfect fit for our family and comes very highly recommended by her current employer.

There's a problem though - and I need some advice on how to proceed.

Her current contract doesn't finish for another 3 months, and we need her to start in the next couple of weeks. Her current employer is happy to let her go early, as the helper was originally employed to look after an ill family member - who has recently passed away.

I've spoken with the current employer, and she'll be speaking with the ID about what's required next. I imagine this would require the helper to break the contract, as the current employer is not seeking an early termination - but is happy to help her employee out.

Does anyone know what the process would be in this situation? Will the helper be required to leave the country as she's terminating the contract? Are there any pitfalls we should be watching out for?

Thanks in advance for any suggestions.

Sean.

[Gruntfuttock]

The Immigration Department website has pretty much all the information on this that you could need.

Note that if she's from Indonesia then not using an agency is not an option since there is an utterly corrupt system of payoffs in place (in whcih the Hong Kong Government shamelessly connives). And even for Filipinas, changes of employer without using an agency aren't always straightforward.

If your proposed DH has been here a while then she should be pretty familiar with this herself, or if not then she might well know other DHs who can advise.

[amitsingh_hk]

you should definitely call the immigration dept yourself.

it would have been quicker for you to call them up and seek advice rather than registering your new account with Geoexpat and posting this new forum.
seriously way too much time on your hands...

[rani]

Another member was in a similar situation. Although its a break contract, immigration was understanding and didn't require the helper to exit and she was able to change employers.

[Sean07]

I get it - this is a private school-eske hazing, right? First post and all.

No, Amit, I registered weeks ago, but choose not to post unless I have something useful to say. As a new arrival in HK, I have no advice for anyone yet on this advice forum. But at the moment, I do need some advice. Thanks for your concern.

Re: our decision not to use an agency - it's not because I'm tight, Grunt (thank you), it's just that I've read too many stories here and elsewhere of people getting the run-around from agents. And I do have plenty of time on my hands at the moment as I can't work until I get a helper in.

Thanks Rani

[jw1701]

Last edited by rani; Today at 04:03 PM. Reason: Be nice!!!!

Like........

[muzzdang]

Sean

I can speak from experience hiring from a geoexpat posting. Our helper also had an early release with the consent from her previous employer.

According to my agent, if her contract expires, she can sign with you directly without using the agency. But if there is an early termination, the immigration said that you *must* use an agent. As to how true is this, I am unable to confirm. Anyway, the fees came up to about HKD1,500 x 2 (both the maid and I had to pay the agency fees). The agent got it done in about 3-4 weeks and everything went smoothly after that. Our maid did have to leave the country and we gave her an extended leave back in the Phils before she came back to help our with us and our newborn. I have heard they could just pop over to macau and come back to HK to "activate" the new visa (please verify)

The main problem with your case may be timing as the whole process may take more than 4 weeks if you do it all alone. Since my maid bear the 1500, i thought the 1500 was well spent, especially since my agent did not charge for the 1 month commission for signing a new maid. The ID is not the most helpful department, so good luck if you want to do it all on your own!

[Sean07]

Thanks Muzzdang - sounds more complex than the average situation, but not too bad. We're aiming for a start date of 2/2 so the timing might be ok, and a week past that won't cause too much of an issue. I'm up for a challenge, so I'll have a chat with the ID.

I'll post updates and perhaps this will help someone else in the future.

[carang]

if she is terminated early (except for: death of employer, employer relocating, employer having financial difficulties) then you (1) MUST use an agency and; (2) the helper MUST return to origin.

at least that is how it was explained to us when we hired a terminated helper.

[COliver]

Another member was in a similar situation. Although its a break contract, immigration was understanding and didn't require the helper to exit and she was able to change employers.

Hi Rani - I was wondering if you had any other info you could share about this situation? We are in the exact same situation with a helper who's contract was prematurely terminated (family decided they did not need multiple helpers) and I'm not entirely sure I want to pay 6k to an agency and have no visibility on the process...

And if the person who used an agency in this situation and it was 1500 each for employer and helper, I'd be most grateful if you could provide the name of the person and agency you worked with!!

I'll call immigration myself and cross my fingers they'll be understanding but I don't hold out much hope!!