Terminating Domestic Helper
- Thread starter Jenny
- Start date
rani
Administrator
Jenny,
Sorry things didn't work out with your helper. You need to inform immigration. If you have an e-cert you can do this online through esdlife
http://www.esdlife.com/gov_depts/eng/dep_imd.asp
From the Immigration Dept
64. The standard Employment Contract (ID407) 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.
65. Helpers are normally admitted for a period of two years or until two weeks after termination of contract, whichever is the earlier.
Sorry things didn't work out with your helper. You need to inform immigration. If you have an e-cert you can do this online through esdlife
http://www.esdlife.com/gov_depts/eng/dep_imd.asp
From the Immigration Dept
64. The standard Employment Contract (ID407) 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.
65. Helpers are normally admitted for a period of two years or until two weeks after termination of contract, whichever is the earlier.
armstroe
Registered User
I've just learnt from my friend that it can take quite a while now to replace your helper. Apparently Filipina domestic helpers must return to the Philippines to have their new contract papers processed, which can take up to 6 or so weeks. However she discovered that if you used an agency they were able to help get papers processed more quickly.
Someone also told me that at the end of each contract, even if you are renewing, you must send your helper home for 14 days - is this correct? My helper goes home twice a year (taking 4 weeks paid leave) would this make me exempt?
Someone also told me that at the end of each contract, even if you are renewing, you must send your helper home for 14 days - is this correct? My helper goes home twice a year (taking 4 weeks paid leave) would this make me exempt?
As I understand it, if you replace your helper with a helper that is already in HK, provided that the new helper's contract expired (and was not terminated), she does not need to return to the Philippines to have her paperwork processed so it should take about 4 weeks. However, if you end up hiring someone in HK that had her contract terminated early, then she does need to go back to the Philippines and then it takes much longer!
Forgot to answer the second question. In your employment contract, near the end, it does state that at the end of each contract period, even if you are renewing, you are obligated to send your helper home for no less than 7 days (i think its 7) for a rest period. This is in addition to annual leave - your helper is also entitled to 7 days per year annual leave so strictly speaking, if your helper does not take any holiday until the end of her contract period, she is actually entitled to 3 weeks holiday before you renew her. However, given that you give her holiday each year, I doubt your helper would complain but strictly speaking, she is entitled to that 7 day 'rest' holiday. When you give her her annual holiday, you do not need to pay for her airfare home so provided that you have, I doubt she will complain.
armstroe
Registered User
Thanks Jenny - our helper has been with us for over 5 years, so her contract renewal comes up next year. I assuming that this will be renewed, but just wanted to get some clarity around the new terms if it doesn't happen. People have warned me to approach the process 3 months in advance just in case I do have to recruit a new helper.
Also we are in long-service territory now - I understand that we use the contract salary as the basis for the calculation, but I'm interested to know what other people do. We pay well above the contract amount.
Also we are in long-service territory now - I understand that we use the contract salary as the basis for the calculation, but I'm interested to know what other people do. We pay well above the contract amount.
rani
Administrator
We're interviewing helpers too and I've heard that Filipino helpers who have finished contracts cannot sign new contracts locally and have to return back to their country. Will call the consulate on Monday to re-confirm.
Has anyone signed a contract recently? Was this the case?
Thanks
Rani
Has anyone signed a contract recently? Was this the case?
Thanks
Rani
lavanda_fairy
Registered User
I think they can sign contract locally just like my mother's current helper(she's been there for 4 - 5 months now), she finished her contract with her former employer and my mother employ her, but it takes about 4 - 6 weeks to get a new working visa for her, so during that period of time, she is not allowed to work for you. According to the agency, even if the contract is terminated, she could still sign contract locally and doesn't need to go back to the Philippines, but the immigration dept. might not give her a new working visa depending on what sort of reason her contract is terminated (the majority of them were financial problems). So basically if you are in a hurry, it's better to get someone whose contract was finished not terminated. That's what the agency says.
Hope this help.
Hope this help.
For what it is worth, here is our recent experience:
We just hired two helpers through Josie James (Jan/Feb 04) and JJ handled all the paperwork. Both our new helpers were technically supposed to go back to the Phil for 14 days prior to re-starting with us. In one case the helper term'ed her existing contract early and in the other case the contract was finishing.
Since my wife was on bed rest with triplets, and one of the helpers had only just been back to the Phil in October, (the early term one), we wrote a letter to Immigration requesting an exception. According to JJ, the rule of thumb is going back every two years. Immigration granted the exception.
Meanwhile, our previous helper started a new contract in Jan 04 without going back to the Phil.
Regards
Charles
http://home.netvigator.com/~tlyons/triplet.htm
We just hired two helpers through Josie James (Jan/Feb 04) and JJ handled all the paperwork. Both our new helpers were technically supposed to go back to the Phil for 14 days prior to re-starting with us. In one case the helper term'ed her existing contract early and in the other case the contract was finishing.
Since my wife was on bed rest with triplets, and one of the helpers had only just been back to the Phil in October, (the early term one), we wrote a letter to Immigration requesting an exception. According to JJ, the rule of thumb is going back every two years. Immigration granted the exception.
Meanwhile, our previous helper started a new contract in Jan 04 without going back to the Phil.
Regards
Charles
http://home.netvigator.com/~tlyons/triplet.htm