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Terminating my helper

  1. #1
    SHJ
    SHJ is offline Registered User
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    Sep 2007
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    HK Island
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    Terminating my helper

    Hi, I am terminating my helper. I want her to work for me for the one month notice period but she insists on working only for a week and wants to go back home after that. Am i obligated to pay for the remaning 3 weeks also for her???

    Also, i understand i need to pay for her ticket back home, now if i terminate her its going to be a one way ticket. She already has the fare for one way from her old employer, if i pay her too how would it go...please help me understand!!!


  2. #2
    Liquorice is offline Registered User
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    Hi SHJ, my understanding is that regardless of who terminates the contract one month notice is given. If she decides that she only wants to work one week then you definitely only pay her one week. It should be the same as any employment contract, including my own.

    With regards to the airfare, I am not sure. I thought it was typical to pay a full round trip because technically the helper should return to her home country to have her passport stamped (rather than go to Macau or somewhere in between contracts), but it may be that legally you are just responsible for repatriating her in which case one way would be fine. Someone else will have to clarify that.


  3. #3
    Honkyblues is offline Registered User
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    After you terminate her, it's a one month notice period (ie, she works for you for a month from the date you tell her she's fired.) If she only wants to work for one week, then she owes you 3 weeks wages to pay for early release from her contractual obligation. So no, you don't pay those 3 weeks, and in fact, SHE pays YOU if she doesn't want to work her month's notice.

    I believe that irrespective of whether her previous employer gave her the fare home that she hasn't used yet, you are obliged to also pay for a single ticket to repatriate her (all the way to her home town), plus $100 per day travel allowance (ie, if she takes less than 24hrs to get home, you pay her $100; if she has to take 2 flights and a long ferry journey and it will take her between 24-48hrs, you would pay her $200 travel allowance). I think you're only obliged to pay a return fare if she has finished her contract with you.

    You can check all this with the labour dept website.


  4. #4
    ciaobella is offline Registered User
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    Hi,

    Sorry for jumping on board but just about to terminate my helper. We will ask her to leave immediately, so my question is of I have just pain 1 month's salary do I then give another month's salary in lieu of notice?
    Also, as our new helper has to return home, we may be without a helper for two weeks. As we both work we need someone to look after our son. Are there such things as temporary helpers around?
    Thanks


  5. #5
    Liquorice is offline Registered User
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    Hi Ciaobella, do you mean that you have just paid your helper for one month's work and you are wondering whether you have to pay another month? If so, the answer is yes.

    My helper, for example gets paid on the first of every month. If I terminate her contract on 1st of July and want her to leave immediately then on the 1st of July I pay her both her June wages and her July wages - the month she would have worked out her one month notice period.


  6. #6
    ciaobella is offline Registered User
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    Yes, that's what I thought too, thanks for confirming.


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