Steps in Terminating a Domestic Helper in Hong Kong
1. Give Them a Termination Letter
- It is essential to provide your domestic helper with a formal termination letter. This letter should clearly state the reason for termination and the effective date. A well-drafted letter serves as a record of the termination and ensures that both parties understand the terms. Here’s an example of what the letter might include:
- Date of issuance
- Helper’s name and address
- Reason for termination
- Last working day
- Signature of the employer
2. Inform the Immigration Department
- After issuing the termination letter, you must inform the Hong Kong Immigration Department about the termination of the helper’s employment. This is a legal requirement. You will need to complete and print the ID407E form, which notifies the immigration authorities of the change in employment status. This step is crucial to ensure that the helper's visa status is updated accordingly.
3. Settle the Payments to Your Helper
- Upon termination, it is important to settle all outstanding payments with your helper. This includes their final salary and any other dues. Make sure to print a receipt for the payment made, as this serves as proof of settlement. This step helps maintain transparency and can prevent any disputes in the future.
4. Salary and Holiday Form
- You should also complete a salary and holiday form that outlines the final salary payment, any accrued holiday pay, and other relevant details. This form helps in documenting the financial aspects of the termination and ensures that all payments are accounted for.
What Do You Need to Pay Your Helper After Termination?
1. Salary
- The helper is entitled to receive their final salary up to the last working day. This payment should include any overtime worked and should be calculated based on the agreed salary rate.
2. One Month Salary in Lieu of Notice
- If you wish for the helper to leave immediately (the same day as termination), you are required to pay them one month’s salary in lieu of notice. This is a common practice and ensures that the helper is compensated for the notice period they would have otherwise worked.
3. Plane Ticket to Their Place of Origin
- As per the employment contract, you are obligated to provide a return plane ticket to the helper’s place of origin. This is a legal requirement and should be arranged promptly to facilitate their travel.
4. $100 Food and Travel Allowance
- In addition to the above payments, you should provide a food and travel allowance of $100. This allowance is intended to support the helper during their transition period after termination.
5. Untaken Annual Leave
- If the helper has any accrued but untaken annual leave, you are required to compensate them for this as well. The payment should be calculated based on the helper’s daily wage and the number of unused leave days.