Are there time constraints on breaking contract?


By Aileen_PYP on 20th Jul 2020

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Question: I have only been with my employer for a few days, can I break my contract? I miss my kids. – Maria N., Causeway Bay

 

 

Hello Maria N.,

 

Thank you so much for sending us your question.

 

The short answer is, yes.

 

However, before I get into the process of breaking your contract that early, I would like you to think a bit more about the reason why you want to leave.

 

It is really difficult to leave our family and loved ones back home. But there are few things that can make us feel better about our jobs abroad. One is communication with our loved ones; make sure you talk to them often, even through messaging if you're unable do video or phone calls. Another factor to consider is how difficult to might be to find a job back home with the same salary as here in Hong Kong.

 

This is often the harsh reality; the majority of migrant workers leave their home countries due to financial reasons, coupled with a strong motivation to better the lives of our family and the people we love. That being said, being away from our kids is tough and we can try to be resilient for them and their future. Equally important is to make time for ourselves and our own well-being. Hang out with friends, write a journal, learn a new hobby, learn how to speak the local language. In short, do things that make you feel happy.

 

As we are in the middle of the COVID-19 pandemic, you will nonetheless have to stay a bit longer with your employer, to complete the 14-day quarantine requirement of the Hong Kong government. Hopefully this allows you a bit more time to think things over and further assess the situation before making a final decision. If at that point you do still decide you wish to leave, you can either hand in your one-month notice, or pay the amount stated in your contract, in lieu of notice.

 

You should also inform your employment agency, as they can help you with the paperwork AND help your employer look for a replacement. Your employer should pay for your one-way ticket back to your hometown and pay any outstanding wages, if any.

 

Thank you so much and best of luck!

 

- Aileen