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
provided that your new helper has gone home at least once in the past 2 years, she does not need to return before commencing employment for you. the rule is that she needs to go home once every 2 years. also, if the matter is urgent, you can write a letter to HK Immigration asking for an exception and allowing your new helper to commence employment immediately.
I have always hired maids who either finished or terminated from their contracts. They were all being exempt from going home prior to the new contracts. The rule of thumb is to write to the Immigration about your needs and they will consider exempting the 14 days home return policy.
I am recently interviewing for a new maid too, anyone else in the same situation? I have 3 kids (1 in secondary and 2 in primary, all full day schools) and living with my mother in law (but she is traveling a lot of times, only in Hong Kong for 3 - 4 months per year, but we have a room for her still). As soon as they know I have 3 kids + MIL, they almost hung up on me immediately or tell me they are busy for interviews...
Any tips from anyone who could get a good maid? I am hesitant in going thru agencies because of some horrible experiences before hand... like the maid back out after 2 months of waiting, maid vanished without a trace after arriving, maid's neglience and burnt my boy's hand (he was still a toddler then).... these are all different maids hired from agencies!
I am recently interviewing for a new maid too, anyone else in the same situation? I have 3 kids (1 in secondary and 2 in primary, all full day schools) and living with my mother in law (but she is traveling a lot of times, only in Hong Kong for 3 - 4 months per year, but we have a room for her still). As soon as they know I have 3 kids + MIL, they almost hung up on me immediately or tell me they are busy for interviews...
Any tips from anyone who could get a good maid? I am hesitant in going thru agencies because of some horrible experiences before hand... like the maid back out after 2 months of waiting, maid vanished without a trace after arriving, maid's neglience and burnt my boy's hand (he was still a toddler then).... these are all different maids hired from agencies!
armstroe
Registered User
Were the maids you hired direct from the Philippines or already working in Hong Kong - they sound like some terrible experiences.
I have just used an agency, and thanks to the good advice shared on the help with your helper thread here on geobaby I was able to spell out my conditions (including candidates that had finished their contracts and had good releases/references and employer phone numbers to call) and was very pleased with the calibre of helpers they sent to be interviewed.
I have just used an agency, and thanks to the good advice shared on the help with your helper thread here on geobaby I was able to spell out my conditions (including candidates that had finished their contracts and had good releases/references and employer phone numbers to call) and was very pleased with the calibre of helpers they sent to be interviewed.
The ones I had to write letters for exemptions are already in Hong Kong.
Which agency did you use? I've interviewed another one today, she didnt' want to work for me cos I have asked her to share the room with my daughter. I really have no faith on these girls anymore...
Which agency did you use? I've interviewed another one today, she didnt' want to work for me cos I have asked her to share the room with my daughter. I really have no faith on these girls anymore...
Left in the lurch
I too am interviewing for a helper on an urgent basis. We just found out on Tuesday that the helper we have been waiting for, for two months, has decided to stay in the Philippines after really stringing us along, including paying for insurance, the levy, etc. I am pretty stressed because I just had my first baby who will be one month old on Friday. I should of recognised the signs that this helper was unreliable including she kept delaying her return and asking for more time. She did however come highly reccomended so I didn't want to believe my initial instincts.
In any case, I would be grateful for any advice on where to find a new helper - QUICK! I am not very familiar with the agencies here.
On a side note - how can I put my baby's picture onto the site??
I too am interviewing for a helper on an urgent basis. We just found out on Tuesday that the helper we have been waiting for, for two months, has decided to stay in the Philippines after really stringing us along, including paying for insurance, the levy, etc. I am pretty stressed because I just had my first baby who will be one month old on Friday. I should of recognised the signs that this helper was unreliable including she kept delaying her return and asking for more time. She did however come highly reccomended so I didn't want to believe my initial instincts.
In any case, I would be grateful for any advice on where to find a new helper - QUICK! I am not very familiar with the agencies here.
On a side note - how can I put my baby's picture onto the site??
Hi Kim,
So sorry to hear this. I have had the same experiences too, 1 backed out after 2 months and 1 disappeared after a day of arrival...
God Bless Me, I found THE perfect maid yesterday and I am going to sign the contract with her.. I hope she will come (the other one I confirmed disappeared on me too.. sigh). I had been interviewing maids from asiaxpat.com, they are already in Hong Kong and you can meet them in person. However, you might get some horrid ones who will demand a lot of things and basically 'interview' you before you get a chance to interview them and what have you, but there are still good ones out there, I found mine on asiaxpat too.
And I have found out that some maids might take advantage of you (if you are expat) becaues they assume you do not know the policies very well. My colleague (American) had got maids asking for more than $4500 salary. If you are ok, then that's fine but some of the expats in HK do not know what the right salary is. By law, you are required to give at least $32X0 (sorry, cannot remember down to the exact dollar) and then you've to pay $400 per month to Gov't as tax. However, we usually pay them $36X0 (the maid I was going to fire gets $38X0 per month) excluding tax cos we do not want them to have to bare the tax cos they've got family to support. I sometimes might also offer a probation period too which will be the basic salary for 3 months and then an increment after 3 months if she is up to our standard.
I hope the perfect one will come along soon for you.
Good luck!
PS. If you want to post a picture, you will fin 'attach file' after the "your reply". Press Browse and then put in the path for your doc (ie. jpeg, gif etc).
So sorry to hear this. I have had the same experiences too, 1 backed out after 2 months and 1 disappeared after a day of arrival...
God Bless Me, I found THE perfect maid yesterday and I am going to sign the contract with her.. I hope she will come (the other one I confirmed disappeared on me too.. sigh). I had been interviewing maids from asiaxpat.com, they are already in Hong Kong and you can meet them in person. However, you might get some horrid ones who will demand a lot of things and basically 'interview' you before you get a chance to interview them and what have you, but there are still good ones out there, I found mine on asiaxpat too.
And I have found out that some maids might take advantage of you (if you are expat) becaues they assume you do not know the policies very well. My colleague (American) had got maids asking for more than $4500 salary. If you are ok, then that's fine but some of the expats in HK do not know what the right salary is. By law, you are required to give at least $32X0 (sorry, cannot remember down to the exact dollar) and then you've to pay $400 per month to Gov't as tax. However, we usually pay them $36X0 (the maid I was going to fire gets $38X0 per month) excluding tax cos we do not want them to have to bare the tax cos they've got family to support. I sometimes might also offer a probation period too which will be the basic salary for 3 months and then an increment after 3 months if she is up to our standard.
I hope the perfect one will come along soon for you.
Good luck!
PS. If you want to post a picture, you will fin 'attach file' after the "your reply". Press Browse and then put in the path for your doc (ie. jpeg, gif etc).
Thanks!
Thanks Michelef - for the words of commiseration!
I interviewed two ladies yesterday and one I liked very much. Not loads of experience with newborns but some and a very lovely and kind person. Hopefully my judgement will be better this time, I don't trust myself anymore!
Your stories of having one disapear after the first day are scary! The lady that I liked, her visa expires on Saturday so I guess she will have to go back if she doesn't come with me or finds someone else. I am having her back for a second interview tonight, with my husband. If all goes well, we will make her an offer.
I think I have been an easy person to take advantage of as the last time I relied on the helpers to inform me of the policies - I thought wrongly that I knew what was what. I have now downloaded the Guidebook for Employment of Domestic Helpers from Immigration and am going to study it thorougly today - and probably give them a call as well!
Anyway, thank you very much for your kind words and all the advice - I will take a look at asiaexpat.
All the best,
Kim
ps And thanks for telling me how to add the photo! Here's a picture of my daughter Holly, born February 27.
Thanks Michelef - for the words of commiseration!
I interviewed two ladies yesterday and one I liked very much. Not loads of experience with newborns but some and a very lovely and kind person. Hopefully my judgement will be better this time, I don't trust myself anymore!
Your stories of having one disapear after the first day are scary! The lady that I liked, her visa expires on Saturday so I guess she will have to go back if she doesn't come with me or finds someone else. I am having her back for a second interview tonight, with my husband. If all goes well, we will make her an offer.
I think I have been an easy person to take advantage of as the last time I relied on the helpers to inform me of the policies - I thought wrongly that I knew what was what. I have now downloaded the Guidebook for Employment of Domestic Helpers from Immigration and am going to study it thorougly today - and probably give them a call as well!
Anyway, thank you very much for your kind words and all the advice - I will take a look at asiaexpat.
All the best,
Kim
ps And thanks for telling me how to add the photo! Here's a picture of my daughter Holly, born February 27.
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Hi Kim,
Holly is absolutely beautiful!!!!
If you don't mind, I would like to give you some of my advises too.
I generally prefer helpers who are above 30, married with kids cos they will have financial burden back in the Philippines and hence will work harder. Other thing is you will need to stand firm (not mean, but firm) to them in the first couple of months. I always wanted to treat them like a family but they always ended up abusing our relationship so stand firm at first and be friends later. You will also have to make a list of the daily chores and ask her to follow it. However, I always tell them to make sure they come back to me if I have overloaded them with work but a list is essential and also you should setup a time that they could leave and be back by on Sundays, these are basic disciplines. Thirdly, if you see something you are uncomfortable with, tell her right away (politely of course), do not hold it back and hoping it might go away. They usually will think that they got away with it and hence keep doing it.
BTW, your maid might not need to go back to the Philippines to wait for her visa, you can write a letter addressed to Immigration Dept stating that due to you having a newborn at home, you desparately need a maid on board asap and therefore hoping they could expedite this application. They will usually grant this quickly without having her to go back and wait.
Lastly, do not forget to ask her to go for a bodycheck (at your cost), you can call the labs in HK, they generally provide bodychecks for Hep A/B, Aids etc. Afterall, she is so close to your family and you will need her to be healthy to take care of a newborn! You should ask her to go tomorrow if you find her suitable at her 2nd interview.
If there is anything else you need to know or just a chat, you can email me at [email protected]
Take care!
PS. The one in the picture is my youngest, her name is Britney.
Holly is absolutely beautiful!!!!
If you don't mind, I would like to give you some of my advises too.
I generally prefer helpers who are above 30, married with kids cos they will have financial burden back in the Philippines and hence will work harder. Other thing is you will need to stand firm (not mean, but firm) to them in the first couple of months. I always wanted to treat them like a family but they always ended up abusing our relationship so stand firm at first and be friends later. You will also have to make a list of the daily chores and ask her to follow it. However, I always tell them to make sure they come back to me if I have overloaded them with work but a list is essential and also you should setup a time that they could leave and be back by on Sundays, these are basic disciplines. Thirdly, if you see something you are uncomfortable with, tell her right away (politely of course), do not hold it back and hoping it might go away. They usually will think that they got away with it and hence keep doing it.
BTW, your maid might not need to go back to the Philippines to wait for her visa, you can write a letter addressed to Immigration Dept stating that due to you having a newborn at home, you desparately need a maid on board asap and therefore hoping they could expedite this application. They will usually grant this quickly without having her to go back and wait.
Lastly, do not forget to ask her to go for a bodycheck (at your cost), you can call the labs in HK, they generally provide bodychecks for Hep A/B, Aids etc. Afterall, she is so close to your family and you will need her to be healthy to take care of a newborn! You should ask her to go tomorrow if you find her suitable at her 2nd interview.
If there is anything else you need to know or just a chat, you can email me at [email protected]
Take care!
PS. The one in the picture is my youngest, her name is Britney.
