my helper's 2 year visa is expiring this weekend and I am not renewing. I have 2 questions. 1. Do I need to notify immigration that I'm not resigning her? if so, what do I need to tell them? 2. She wants to file a 2 week extension so she can look for a new job. Can she extend her stay WITHOUT extending her contract which I am not inclined to do. Again, I am not terminating her contract, I am simply not renewing. I know she can file an extension if she is terminated but what about when the contract simply expires? Thank you, I've looked online for the answer to this question and cannot find.
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07-02-2011, 06:07 PM #1
Helper Visa Question
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07-02-2011, 06:25 PM #2
yes, of course she can. she'll be granted 2 weeks in order to look for another job.
as for letting immigration know you are not renewing...don't think that's necessary. they'll find out soon enough when she applies for an extension of stay and a new visa application for her new job. however, you could call immigration directly just to confirm....
by the way, immigration is ALWAYS very good at answering questions. just call them, then you'll get it straight from the horse's mouth and not second or third hand on a public forum.
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07-02-2011, 06:32 PM #3
Answer for Q1 is here
http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf
As she appears to have been working for you for at least two years, you also need to pay her a severance payment as well.What should I do upon termination or expiry of the employment contract?
For employer
 You should clear all outstanding wages and other sums due to your helper, preferably by payment through the bank, and obtain a receipt for all payments.
 You are required to notify the Foreign Domestic Helpers Section of the Immigration Department in writing of the termination within seven days of the date of termination. It is not necessary to inform the Labour Department.
On question 2 the answer is here for question 8
http://www.immd.gov.hk/pdforms/ID(E)954.pdf
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07-02-2011, 07:11 PM #4
thanks. i've called and always get a busy signal, no one picks up. i left a vmail and sent them an email. no response. i appreciate your help!
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07-02-2011, 07:21 PM #5
hmmm.. i better get a move on and inform immig that my helper resigned at the end of december... oops!
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07-02-2011, 07:37 PM #6
Normally people let their helpers leave 2 weeks before the contract ends, if she hasn't taken her annual leave whilst she's been with you. She does have to report to immigration as soon as she leaves your employment . You don't need to inform immigration, nor do you owe her any severance pay for completing 2 years . Not sure if immigration will grant her an additional 2 weeks extension.
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07-02-2011, 07:41 PM #7
carang, you can inform immigration online or download the form and fax it them (which is what I've done)
GovHK: Online Notification of Premature Termination of Employment Contracts of Foreign Domestic Helpers
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07-02-2011, 08:12 PM #8
rani, is that the right form if she resigned rather than me terminate her?
thanks!
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07-02-2011, 08:48 PM #9
there's only 1 form for a terminated contract. it doesn't matter who initiated the termination. Under reason for termination I put immigrated.
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07-02-2011, 10:02 PM #10
Rani, given that the HK government advises the following
A two year contract is not less than 24 months, therefore a severance payment should be payable. Why are you saying something different?Q8.1 Under what circumstances should an employer pay severance payment to a helper?
A An employer should pay severance payment to the helper if he/she:
 is dismissed or the fixed term contract is not being renewed* by reason of redundancy; and
 has not less than 24 months of service with the same employer immediately prior to the termination.Last edited by fth; 07-02-2011 at 10:08 PM.
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