Process to employ break contract helper

[Beanieskis]

I’ve offered a job to a helper who is going to need to break her contract. She worked for friends of ours for 10 years before they relocated, but unfortunately her new job isn’t working out. Not to the level that would be termed abuse on the part of the employer, just a very toxic environment- so I don’t think she’ll have any case to argue treatment other than the standard process for a break contract helper, and she’ll need to return to the Philippines.

Can anyone familiar please set out the steps for us to employ her and apply for her visa?

Can we ask her to sign the new contract first, before she resigns? It won’t of course be valid until visa approved but I think will give both parties confidence in our intentions.

So first she needs to resign and give one month notice to her current employer. What does her current employer need to do - complete a form, provide release letter?

Does she need to leave HK by the last day of her notice period? If not then when?

Can we submit the application for the new visa before she completes her notice period?

Is it correct that we have to use an agency to process a break contract helper’s new visa?

She then has to wait In Philippines for it to be approved - around 10 weeks usually, is that right? Does she need to do any mandatory training and medical checks whilst there, as with a first timer?

She’s extremely nervous about the prospect of resigning mid-contract, so I want to understand exactly what the process is so we both know. Thanks.

[rani]

I’ve offered a job to a helper who is going to need to break her contract. She worked for friends of ours for 10 years before they relocated, but unfortunately her new job isn’t working out. Not to the level that would be termed abuse on the part of the employer, just a very toxic environment- so I don’t think she’ll have any case to argue treatment other than the standard process for a break contract helper, and she’ll need to return to the Philippines.

Can anyone familiar please set out the steps for us to employ her and apply for her visa?

Can we ask her to sign the new contract first, before she resigns? It won’t of course be valid until visa approved but I think will give both parties confidence in our intentions.

So first she needs to resign and give one month notice to her current employer. What does her current employer need to do - complete a form, provide release letter?

Does she need to leave HK by the last day of her notice period? If not then when?

Can we submit the application for the new visa before she completes her notice period?

Is it correct that we have to use an agency to process a break contract helper’s new visa?

She then has to wait In Philippines for it to be approved - around 10 weeks usually, is that right? Does she need to do any mandatory training and medical checks whilst there, as with a first timer?

She’s extremely nervous about the prospect of resigning mid-contract, so I want to understand exactly what the process is so we both know. Thanks.

I haven't hired a break contract in a while, but from what I remember you can only submit her documents once she has exited HK. She does need to wait in the Phil. whilst the paperwork is being processed (approx. 8-10 weeks). You do need to use an agency. The agency will fill out the contracts for you or if you want you can do it yourself leave the dates blank. The Employer will need to advise immigration that her contract has been terminated. They usually give the reference letter on her last day of work.

[redslert]

I hired a 'fired' helper, which my understanding is equivalent to breaking contract.
Please go through an agent and they can quickly answer all your questions.

She will need to go back to home and go through usual process of a new contract hire with medical and paper work. Takes 2.5months before she can come back to HK to start work.
I paid around $5000 to agent and then purchased myself airfare + insurance.

The agent will also make the helper pay an agent fee of 50% of first months salary.