One of the primary reasons for termination is when a domestic helper consistently performs below expectations or lacks the necessary skills to fulfill their duties. This could involve poor cleaning standards, improper handling of children or the elderly, or an inability to follow specific household instructions.
Generally speaking, you are required to leave Hong Kong upon completion of your contract or within 2 weeks from the date of termination of your contract, whichever is earlier.
Q46:Can an employer terminate his helper's contract before it expires? An employer and his helper alike may terminate the contract prior to its expiry by giving not less than one month's notice in writing or by paying one month's wages to the other party.
The term may be extended or renewed for a similar or shorter duration. If the contract is not renewed or extended upon its expiry, and the parties continue to perform the obligations of the contract, the contract is then considered renewed under the same terms and conditions as those of the original contract.
This means that the rights and obligations defined in the contract cease to apply, and the business relationship ends. Termination does not necessarily indicate a negative outcome; it could simply mean that the contract has fulfilled its purpose or that the parties no longer need to work together.
Notice of Termination of a domestic helper must be submitted to the Immigration Department within seven days. Employers and domestic helpers may part ways due to finishing a contract or because the contract needed to be prematurely terminated.
Termination Process Inform your employment agency if you are experiencing challenges. Read and understand your legal obligations. Inform the domestic helper about the termination and confirm the last working day with a Notice Letter. Prepare termination documents. Settle termination entitlements.
How do you write a Termination Agreement? Provide the names and mailing addresses of each party involved. Provide details from the original contract. Select a termination date after which the contract will no longer be in effect. State if either party is providing compensation as part of the Termination Agreement.