Termination of Contract
Tips for employers to bear in mind upon
termination of the employment contract:
- Either party may terminate the contract
by giving not less than one month's notice in writing or by paying one month's
wages to the other party. You may download a sample
of the letter of termination for reference;
- Termination of employment without notice*
should be considered only under very special circumstances. If you really
have to do so, you should make sure that you have sufficient evidence to back
up your case. Otherwise, you will likely face a claim from the other party;
- You should clear all outstanding wages
and other sums due to your helper, preferably by payment through the bank
or cheques, and obtain a receipt for all payments. The items and amount payable
to your helper on termination of the contract depend on a number of factors
such as the length of service and the reason for termination of contract.
It is advisable to keep the receipts for such payments. You may download a
sample
of the receipt for payments for reference;
- You shall provide the helper with free
passage to her place of origin on termination of the employment contract.
This payment can be made either by giving the helper a return air-ticket or
by payment in lieu of air-ticket, A daily food and travelling allowance HKD100
per day shall be paid to the helper when she returns to her place of origin;
- You are required to notify the Immigration
Department in writing of the termination within seven days of the date of
termination by filling in the form ID407E
- Notification of Termination of an Employment Contract. It is not necessary
to inform the Labour Department.
The standard Employment Contract is not transferrable
and if for any reason it is terminated before the standard contract period of
two years has been completed, the initiating party should in writing inform
the other party of the exact date of termination of the contract. Both the employer
and the Helper should notify the Director of Immigration in writing of the date
of termination of the contract within 7 days following the termination. The
employer should also provide the Director of Immigration with a copy of the
written notice of termination.
You may surf the website of Labour Department
on Practical
Guide for Employment of Foreign Domestic Helpers - What Foreign Domestic Helpers
and Their Employers Should Know for more details.
*Termination
of contract without notice by employer
The employer may terminate the contract without
notice or payment in lieu if the Helper, in relation to her employment:
- wilfully disobeys a lawful and reasonable
order;
- misconducts herself, such conduct being
inconsistent with the due and faithful discharge of her duties;
- is guilty of fraud or dishonesty;
- is habitually neglectful in her duties;
or
- has caused the employer, on any other ground,
to be entitled to terminate the contract without notice at common law.
Termination of contract without notice
by Helper
The Helper may terminate the contract without
notice or payment in lieu:
- if she reasonably fears physical danger
by violence or disease which was not contemplated by her contract of employment
expressly or by necessary implication;
- if she is subject to ill-treatment by the
employer; or
- on any other ground on which she would
be entitled to terminate the contract without notice at common law.
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