Yes this is true, and has been discussed here before.
A helper is entitled to severance pay if he/she has worked for not less than 24 mths immediately prior to the termination if he/she is dismissed or if the fixed term contract is not being renewed by reason of redundancy.
Therefore 移民 = redundancy for the helper, and the sister of your colleagues has to pay the severance pay.
Just Just
Thank you for your information. That means 遣散費 is different from 長期服務金. I mixe them up. Then how about an employer do not renew the contract with the maid after the 2nd contract, and employ a new maid. Do the employer need to pay 遣散費?
遣散費=severance pay (min. 24 mths of service)
長期服務金=long service payment (min. 5 yrs of service)
A maid cannot claim both at the same time, only 1. A maid dismissed due to redundancy is entitled to severance payment but not long service payment.
I suppose the employer doesn't need to pay the severance pay if he/she gets a new maid after terminating the contract/completion of the contract. Because getting a new maid means the post is still there, meaning the old maid is not redundant. And her contract is not renewed probably due to her poor performance, etc.
Therefore we have to be careful when the 1st contract finishes. By this time the maid has accumulated 2 yrs of service. To avoid the severance payment, any time when we want to terminate the contract or when we don't want to renew the contract, we can never tell them we don't need a helper anymore. But we have to give them a reasonable explanation why their service are no longer needed, e.g. poor job performance, etc. Otherwise they may suspect we terminating them unreasonably to avoid the payments. These cases can go to the court.
Of course, we can also choose to pay them the severance payment.
My own opinion: if I have a maid that is good enough for me to keep her for several years, and I let her go not because she's bad, but because kids are already grown up, or we are relocating to another country, etc. I would give her the payments that she deserves.
我唔明唔續約why need to pay 遣散費 ????一定要續約嗎 ???
一個月通知不就可以嗎???
The labour protection given to the maids are similar to the ones given to us in this aspect. If we have worked in the same company for not less than 2 yrs, we are also entitled to severance pay if we are made redundant. The one month's notice can only replace the salary in lieu of notice, but cannot replace severance payment.
About calculation, both severance payment and long service payment are calculated using the same formula.
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