You can of course fired her at once, but I don't think that you can fired her without paying her one month more salary (May be you can ask other people). But if she is really bad... I have a friend ..he had fired a maid at 0300 hrs. He asked her to wake up in the middle of the night and paid her money and air ticket and forced her to go at once....
According to the law, the maid has 24 hours rest time... are you sure you can defence that she gets more than 24 hours rest time including she come back after 12:00am....
have she called back when she is late? If not, why not you tell her that you will report to the police if it happens again just tell her that you are worrying about her safety and the insurance will not cover this. See her response. If her response is bad or she turn a 'deaf ear' Your maid is bad and should be fried at once. However you have to think of the arrangments before you employ a new maid.
HI
if i were you, i would give her 2 warning letters and ask her to sign on each of them, if she sign it , you can give her chance otherwise, it just for your legal document to keep that you are going to fire her without any penalty.. I am afraid of her behaviour, why did she come back too late, is she working during her holiday (illegal or legal).
Good luck
under the employment ordinance, you can terminate your maid's contract w/o notice/payment in lieu under the following circumstances:
1) An employer may terminate a contract of employment without notice or payment in lieu- (Amended 51 of 2000 s. 2)
(a) if an employee, in relation to his employment-
(i) wilfully disobeys a lawful and reasonable order;
(ii) misconducts himself, such conduct being inconsistent with the due and faithful discharge of his duties;
(iii) is guilty of fraud or dishonesty; or
(iv) is habitually neglectful in his duties; or
(b) on any other ground on which he would be entitled to terminate the contract without notice at common law.
(2) The fact that an employee takes part in a strike does not entitle his employer to terminate under subsection (1) the employee's contract of employment. (Added 51 of 2000 s. 2)
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