A Filipino domestic worker has refused to sign a resignation letter and “voluntarily” terminate her employment contract as she alleges she was in fact fired, and she wants to protect her right to severance pay under Hong Kong law.
Elaine, 32, who had worked in Tai Po in the northern New Territories for 10 months, said her employer fired her but requested a resignation letter, sunwebhk.com reported. If she had signed it, the employer would have been able to skirt the legal responsibility to pay the maid a month’s salary in lieu of notice.
Elaine said she did not accept her employer’s request to resign and would fight for her right to severance pay.
She has moved our of her employer’s home to a shelter for workers whose contracts have been terminated.
Under Hong Kong law, an employer must pay one month’s salary in lieu of notice when terminating an employee’s contract. If an employee resigns, she must compensate the employee with a month’s salary if she wants to leave immediately. Otherwise, she must work for the employee for one more month.
Elaine has the right to file a complaint to the Labor Department.