What should I bear in mind when considering termination of
the contract with my maid without notice?
The best way to such problems is for
both parties(Employer & Helper) to talk things out. Try
to be considerate and tolerant with each other in sorting
out the differences. Most problem can be resolved without
resorting to drastic actions.
The law only allow termination of
employment without notice in very special circumstances, such
as your maid,
wilfully disobeys a lawful and
reasonable order;
misconducts herself;
is guilty of fraud or dishonesty;
is habitually neglectful in her
duties.
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 your maid.
Can I terminate the employment contract before it expires?
Both the Employer and the Helper may
terminate the contract by giving not less than one month's
notice in writing or by paying one month's wages to other
party. Click here for a sample
of termination letter .
Upon termination or expiry of the contract, what kind of
payment should I pay to my Helper?
You should settle the following payments
with your maid in no later than 7 days after the date of termination.:
outstanding wages;
wages in lieu of notice (if any);
payment in lieu of any untaken
leaves;
a return air ticket;
a daily traveling allowance of
not less than HK$100;