[The final settlement amount of [amount] includes the following contractual points and you have no other claim against me as an employer: Don`t leave the aid in the dark. You must inform him of the termination of his contract and tell him the reasons. This can be a difficult conversation if the assistant has been working for you for a long time. Allow enough time for interviews and let them know when you move, even in advance, so they have enough time to find a new employer. Despite your intentions behind the action, let them know what time they have in hand and when they need to leave. Instead of termination, a one-month notice period and salary must be offered. If, after careful consideration, nothing works to get you out of trouble, it must be time for you to respond. You may need to end domestic help for a variety of reasons. «Juvelyn started working for me as a domestic worker at the end of August 2014. It`s precious to me not only when it comes to household chores, but also with my child. Thanks to their continuous efforts, my house has always remained clean, clothes have been carefully hung, ironed or folded, and my baby is well fed. There is no greater praise than that.
Juvelyn has been living with my family since 2014 and had never given me the opportunity to object to their behavior. Again, I recommend them for any position that involves household chores. If there is anything you would like to discuss with me about the Juvelyn counter, you can reach me. I wish him the best of luck in his future endeavors. FDWs are not covered by the Labour Code because it is not practical to regulate certain aspects of household chores such as working hours and work on public holidays. As an employee, your domestic help has certain rights that must be respected. The following reasons for termination are not valid and, as such, it is strictly illegal to terminate your foreign domestic helper in the following cases: Be sure to terminate your help contract and end the employment relationship on a positive note and without harsh feelings. Document everything between you and the assistant and also draw a letter stating the reasons for the termination. You can even ask a third party to be present during the termination process and a witness who also takes care of the financial aspects. Pay any unpaid wages, if any, so that there is no bad blood between you and the caregiver.
Pay the salary and other things as soon as possible. This is important if you think you have to pay him severance pay, especially if the helper has worked for the employer for 2 years. The long-term payment applies if the caregivers have five consecutive years for you. The applicable unpaid annual leave must also be remunerated. You must pay caregivers the specified amount if, after one year of working at home, no annual leave is taken. Even pay for the plane ticket to go home, as well as other allowances. The question of which party terminated the contract is often a source of dispute between employers and employees. If an employment relationship breaks down and tensions are high, one or both parties may suddenly decide to terminate the contract. Both parties can then demand wages from the other party instead of firing. The employer cannot refuse your dismissal and ask you to wait for the arrival of a next employee to replace you, unless you are willing to accept such an agreement. Otherwise, the employer cannot force you to continue working.
Sometimes, unfortunately, it is necessary to terminate the contract of your domestic helper. Be sure to follow the necessary steps before starting the cancellation process. Before you separate, it is imperative that you make sure that everything is settled and that all unpaid amounts to which your domestic help is legally entitled have been properly paid. Your domestic help is entitled to the receipt: Your domestic help is more likely to find a new employer without having to pay crazy fees during their stay in Hong Kong. You can write them a letter of recommendation with at least the employment data. If your domestic helper was great, you can write her a more personal letter. Many future employers like to hear what they thought were their strengths and whether they also have major weaknesses. If you don`t mind being contacted, you can also leave your contact information. You can also leave a reference directly in the wizard`s HelperChoice file, if it has one.
You know how difficult it is to find a good domestic helper because you have hired one, so if you think your help would be a good fit for a new family, we recommend that you write a reference letter for domestic helper. This letter can play a vital role in helping your domestic worker easily find a new family. In your reference letter, it is important to highlight the qualities of your domestic helper and how they perform certain specific tasks. A reference letter can include detailed information about your domestic help`s tasks so that their nearest potential employer can learn more about domestic workers` various job skills such as cooking, laundry, childcare skills, etc. On HelperChoice, carers can register online for free to find a new employer and directly request a reference for their previous work experience, so that any employer looking for an assistant can see which skills have been valued. You or your FDW may terminate the employment contract in accordance with the notice period specified in the employment contract. If the notice period cannot be met, the party terminating the employment relationship must pay a salary reimbursement of wages. The notice period may be waived by mutual agreement. In a recent court decision in the Kisumu case, a judge ruled that the dismissal of a domestic worker, also known as a property manager or domestic help, was unfair because the employer had not given the employee just cause for dismissal and had not followed the procedure established when she ceased her services. The plaintiff informed the court that her employment relationship ended after she applied for a wage increase. The dismissal of your domestic help will affect her career prospects and the family that supports her at home.
If you`re moving or suddenly can`t afford it, or if you`re moving into a smaller apartment, you may not have any other options. But if you terminate your contract for other reasons, the decision should not be taken lightly, and you should take these issues into account: if the domestic help wants to break her contract, she can also give the reason in the letter, but this is optional. Take a look at this sample termination letter for domestic helpers who break their contract. Dismissal from an employer to a foreign domestic helper/foreign employee. This letter was written in favour of the employer. An employer has the right to dismiss a foreign domestic helper on vacation as long as she is not on sick leave. You do not need to sign a security agreement when you renew your existing FDW contract. The employer or employee may terminate the employment contract before its expiry with at least one month`s written notice or by paying one month`s salary instead of a notice period (WILON) to the other party (see clause 10 of your employment contract). There are also circumstances in which a contract can be terminated without termination or WILON.
These circumstances are discussed in this section. We recommend that the employer ask your domestic help to sign a «Final Payment Receipt» in which you have listed all the types of payments you have given him and their amount (annual leave, salaries…). In Hong Kong, you must inform the Ministry of Immigration of this job change within 7 days of the date of termination of the contract – you can also inform it up to 4 weeks before the date of termination of the contract. The first thing you need to do once you`ve weighed the pros and cons and made your decision is to notify your maid in writing. This notification letter, known as the resignation letter, must be made in 3 original copies – 1 copy for yourself, 1 for your domestic help and 1 for the immigration service. The sooner you can warn your maid, the better. By law, an employer is required to notify his domestic help one month in advance. This last point is crucial for domestic workers if they want to maximize their chances of finding a new job in Hong Kong, as workers who have been laid off prematurely must leave Hong Kong within 14 days of terminating their contract. If you decide to fire your domestic help on the spot, i.e. without giving him one month`s notice, you are legally obliged to pay him one month`s salary instead.
In the latter case, she must leave the country within 14 days. Below are some examples of reference domestic helper on HelperChoice and inspiration. Several cases could lead to the end of your aid contract: either you or your domestic help decided to terminate the contract prematurely, or one of you decided not to renew it. Depending on the case, there are legal and «nice to have» requirements. Clause 12 of the employment contract states that both parties must inform immigration within 7 days of termination of the contract. Notification can be made by mail, fax, in person or online. The format must include the visa reference number; the number of the employment contract; the employer`s full name and identity card number; full name and ID card number of the assistant.. .