A international home helper (FDH) who’s loyal and a terrific match for your loved ones is one in 1,000,000. Nevertheless, if there ever comes a time when you have to terminate the contract, how do you break off the employment relationship amicably? As we speak at INO, we’ll zoom in on the procedures and processes for home helper employment contract termination.
Home helper employment contract termination course of
Untimely termination
Each the employer and the home helper have the appropriate to prematurely terminate the employment contract by giving one month’s discover or pay one month’s wage in lieu of discover. On this article, we’ll focus primarily on this technique of contract termination.
Termination upon ending the contract
If neither occasion has their coronary heart set on renewing, you solely want to keep up this employment relationship till 28 days earlier than the work visa granted by the Immigration Division expires. Alternatively, each events can proceed their employment relationship proper as much as the day the contract expires. Each eventualities above are thought of methods of ending the contract agreeably.
Quick termination because of disagreement
You may have the appropriate to disclaim one month’s discover and one month’s wage in case your helper has dedicated a grave mistake. A number of examples embrace, “willfully disobeys a lawful and affordable order”, “misconducts himself/herself”, “is responsible of fraud or dishonesty”, “is habitually neglectful in his/her duties”, and extra.
With that mentioned, instant non-contractual termination because of disagreement is a severe disciplinary motion. Resort to this provided that your helper has made a particularly severe mistake and persists regardless of repeated warnings. Nevertheless, in case your helper information for claims in response, the court docket will get the ultimate say on whether or not your non-contractual termination is justified. That is why to undergo this, it’s essential to have a legitimate and greater than enough purpose.
Untimely home helper employment contract termination process
- Fill within the “Notification of Termination of Employment Contract with International Home Helper (ID 407E)” type, and inform the Immigration Division inside 7 days earlier than the contract expires.
- Affirm along with your helper the ultimate day of labor and her day of departure from Hong Kong.
- Prepare to ebook flight tickets and signal the Termination Entitlement Receipt.
When signing agreements and negotiating, it is best to video-tape your complete course of. As well as, a 3rd occasion needs to be current as a witness to forestall potential disagreements down the road.
Termination paperwork
Have the next paperwork readily available earlier than going by way of along with your contract termination.
Discover Letter/Termination Letter
Determined to interrupt off the contract early and provides your helper a month’s discover? You’ll need to inform her of the approaching termination on paper. Embody the date this letter was written, and listing out your helper’s closing day of labor. She also needs to obtain a duplicate of this discover letter in case it will get altered or deleted. This manner, you may keep away from any pointless misunderstandings.
In lieu of the termination letter, if paying a month’s wage and asking your helper to begin packing to depart instantly is what you go for, we advocate asking her to supply her day of departure 14 days from now. Additionally, request her signature on the “confirmed date of departure from the Hong Kong flight ticket letter”.
For an instance of what a termination letter appears like, try this pattern letter of termination of the employment contract.
Home helpers contract termination charges
To terminate the FDH employment contract, normally, you will need to pay the next entitlements:
- Excellent wages
- Fee in lieu of discover, if any
- Fee in lieu of untaken annual leaves
- Lengthy service cost/severance cost, if any
- Flight ticket to the homeland by way of essentially the most direct route
- Different charges which can be required by the home helper employment contract. For instance, meals and journey allowance, and extra.
- Deduct any fines and loans permitted by legislation
Lengthy service cost/severance cost
As an employer, it’s essential to pay the lengthy service cost for a helper who has served your loved ones for at the very least 5 years, and meets one of many standards beneath:
- Is dismissed, however not due to severe misconduct or redundancy
- Upon completion, the employment contract has not been renewed inside a set time frame
- Dies in service
- Is licensed by a registered medical practitioner or registered Chinese language drugs practitioner as completely unfit for the current job and he/she resigns
- Is aged 65 or above and he/she resigns
In case your helper has been in steady service for at least 24 months, and because of workers redundancy, she has been dismissed or you aren’t renewing the contract, then you will have to pay the severance cost.
Needless to say you do not have to pay each the severance and lengthy service cost.
How do you calculate the severance and lengthy service cost charge?
Comply with this system:
(Month-to-month wage x ⅔) x Years of service*
*If the size of service is lower than a 12 months, then calculate in keeping with this ratio.
Concerns to make earlier than dismissing your helper…
Often, shedding a helper is all people’s final resort. Earlier than formally dismissing her, contemplate the next questions:
Did you brazenly talk about any points you will have along with your helper?
Your helper is probably not conscious that there’s a drawback within the first place for those who do not discuss to her, so after all, she would not see the necessity to enhance.
Did you give her recommendations on learn how to enhance her work efficiency?
Being new to your loved ones means she would possibly want further time to regulate to the brand new setting. As an example, if she would not prepare dinner the best-tasting meals, she will be able to all the time enhance with cooking classes.
How lengthy do you will have till the employment contract ends?
You would possibly wish to preserve her till the tip of the contract is nearly up. This manner, you will have extra time to search out the appropriate helper for your loved ones. What’s extra, you will save up on cost in lieu of discover, in addition to different termination entitlements.
Is the choice to terminate the contract made out of anger?
Once you’re offended, it is easy to make rash choices you would possibly remorse. Earlier than reaching the purpose of no return, why do not you concentrate on it for 1 to 2 weeks? Throughout that point, you may ask your loved ones for a second opinion to resolve objectively on whether or not to dismiss her.
Proceed studying:
How do you construct a superb working relationship along with your home helper?
What’s one of the simplest ways to discover a home helper in Hong Kong?
How are the coronavirus restrictions affecting home helpers in HK?
Factors to notice when dismissing home helpers
First, contemplate asking for assist from a home helper heart. Typically-speaking, if that is your first time hiring a helper and dismissing her due to her poor job efficiency, sure facilities is not going to recharge you or part of the charge will probably be waived. Learn on for a number of extra precautions to take and their options:
Ensure she returns to Hong Kong after her journey to her hometown
Some helpers return to their hometowns to go to their kin, however refuse to return to work in Hong Kong. There are restricted issues you are able to do as an employer on this scenario. To stop this from taking place, signal a letter of enterprise along with your helper earlier than she returns residence to go to kin in her hometown. Have her promise to return to Hong Kong earlier than the desired date to proceed the contract. In any other case, it is going to be handled as an computerized resignation.
Plan the contract termination prematurely and preserve it a secret
Needless to say the time your complete hiring course of for a brand new home helper is normally round three to 4 months. Thus, it’s best to plan prematurely in case there isn’t a one to deal with family chores after the dismissal. Throughout this time, you ought to be answerable for your individual mailbox keys. Alternatively, use your work tackle because the correspondence tackle with the Immigration Division to forestall the present home helper from discovering that you simply wish to dismiss her.
Put merely, it’s essential to preserve it a secret out of your present helper that you’re making ready to fireside her. That is in order to not have an effect on her work efficiency and temper. Give her a greater “Launch Letter” if the home helper feels down after she has been discharged. It can assist her in her seek for a brand new employer sooner or later.
Undergo the formalities on the international home helper heart on her final working day
On her final working day, each of it’s best to undergo all formalities in particular person on the international home helper heart. It’s because the workers there are extra conversant in the termination procedures, which reduces the possibility of lacking any steps. A 3rd occasion may assist mediate and keep away from conflicts. As well as, whether it is an instantaneous dismissal, we advocate arranging for dismissal through the day in order that your helper has a while to discover a place to remain.
You possibly can name the consulate, the police, or the employment heart for help in mediation in case your helper refuses to depart. Change your lock and key to your own home as you see match after the international home helper leaves.
Restrictions on the dismissal of international home helpers
The Employment Ordinance stipulates that the employer can’t finish the employment contract beneath the next circumstances:
- She is taking paid sick depart
- She was injured
- She is pregnant
- She belongs to or has joined a union
By legislation, after contract completion, international home helpers can’t lengthen their keep in Hong Kong as guests
Because of the raging COVID-19 pandemic, the federal government introduced on December 30, 2020, the extension of the home helper visa.
First, any FDH contract that expires on or earlier than March 31, 2021, can lengthen the validity interval for as much as 3 months with the settlement of each events. If the brand new helper can’t be organized to return to Hong Kong throughout the extension interval, it’s essential to rent her nonetheless and apply for contract renewal.
With the employer’s consent, FDH may apply on the Immigration Division for a postponement of returning to their hometown for trip. Solely FDH who accomplished her authentic contract, and both renewed it together with her present employer or begin a contract together with her new employer is eligible for this association. Take word that this postponement should not exceed one 12 months from the tip date of the present contract.
FDHs who terminated their employment contracts early can’t apply for an extension of their keep in Hong Kong as guests. As a substitute, they need to depart Hong Kong after the completion of the contract or inside two weeks after its termination, whichever is the sooner date. This prevents FDHs from abusing the versatile association and steadily altering employers.
Proceed studying:
Home helper contract and work visa renewal process in Hong Kong
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