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DH Final Settlement...

  1. #1
    shaanmom is offline Registered User
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    Unhappy DH Final Settlement...

    Hi, my DH of 10yrs will not be renewing her contract and I want to know what she is entitled to (apart from long-service pay).
    Thanks!!

  2. #2
    mummymoo is offline Registered User
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    If she's not unwell, hasn't reached retirement age and is leaving of her own accord, you do not have to pay out the long service leave by law if I am correct. of course if she is leaving and she has served your family loyally then you may want to give her a parting 'gift'.

    other payments due are any leaves she is owed and the ticket back to her home town.

  3. #3
    rani's Avatar
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    http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf

    Here is the guide by labour dept. Read chapter 7 on what your obligations are. Yes you do need to pay long service. Details on chapter 8
    Founder of GeoBaby.Com

  4. #4
    miran is offline Registered User
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    mummymoo: you have to pay irrespective.

  5. #5
    mummymoo is offline Registered User
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    *If not less than seven days before the date of dismissal/expiry of the fixed term contract in case
    of severance payment, and not less than seven days before the expiry of the fixed term contract
    in case of long service payment, the employer has offered in writing to renew the contract of
    employment or re-engage the helper under a new contract but the helper has unreasonably
    refused the offer, he/she is not eligible for the entitlements.

    This is from what Rani posted. I'm pretty sure that if the helper decides not to renew with you i.e leave of their own accord, to go to say Canada, you would not have to pay out the long service leave.

    This has been rehashed on other expat websites. Take a look below

    Posted by axptguy38 (329 days ago)

    According to the "Concise Guide to the Employment Ordnance", chapter 10, and employee is entitled to long service under the following conditions:

    The employee is dismissed but:
    - he is not summarily dismissed due to his serious misconduct
    - his dismissal is not by reason of redundancy
    - Employment contract of a fixed term expires without being
    renewed
    - The employee dies
    - The employee resigns on ground of ill health
    - The employee, aged 65 or above, resigns on ground of old age

    In other words, if the helper leaves of her own accord, she gets long service only on grounds of ill health or age above 65.

  6. #6
    shaanmom is offline Registered User
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    Thanks everyone, have settled a bit over and above legally required...!

  7. #7
    miran is offline Registered User
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    "unreasonably" refused. has anyone taken labour dept's veiw on this ? would going home to family be unreasonable grounds ? just asking.

  8. #8
    mummymoo is offline Registered User
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    Without this clause, basically helpers would just quit at 5 years and one day so they can be paid out for their long service leave. I mean this without being harsh to helpers, anyone would act in this way, helpers in particular as they so often really need the money. It would be a serious perverse incentive to staying in the same job if the employer HAD to pay out regardless of who initiated the end of employment.

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