• Agency banner
    April 29, 2024
    Can We Send Our Domestic Helpers Back Home, If She Requests It?
    • Post By: Dylan Ong

    Typically, foreign domestic worker employment contracts in Singapore last two years. However, unforeseen circumstances (such as your maids no longer meeting the Ministry of Manpower's eligibility requirements, she is not a good fit for your household, or she has family obligations that require her to return home) may lead to both parties wanting to terminate the work agreement early.

     

    The good news is that ending the employment and sending your maids home before the contract expires is possible. However, to ensure a smooth and cost-effective process for everyone involved, there are key steps that employers should follow.

    Follow Procedures in Employment Contract & Service Agreement

    When terminating a contract, it is essential to follow the procedures in the employment contract or service agreement. If you fail to do this, you may be at risk of losing SG$5,000 security bonds that you took out when hiring the helpers.

    Many employment contracts, as well as standard service agreements between employers and agencies, have termination clauses. These clauses specify the required notice period for ending the contract, usually one month or payment for one month’s salary in lieu of notice.

    In Singapore, a signed contract with your foreign domestic worker is not required as employment rules are covered by work permit regulations. However, it is recommended that you have one, and it should be as detailed as possible, including the procedure for contract termination, among other clauses.

    Fulfil Employers’ Obligations To Send Maids Home

     

    As previously stated, if you, as employers, decide to terminate the employment contract, you must ensure to provide adequate notice (as specified in the employment contract) or payment in lieu. You must also purchase a flight home for your helper and she has to leave Singapore within two weeks of her last working day. So, make sure to book a flight within this specific time-frame.

    In some cases, maids don’t want to go home and request a flight to another country. If you agree to this, it’s always best to have her sign a document saying that she made the decision to travel to that country by herself. This is especially important for you to avoid potential complications that may arise. And of course, make sure her passport is valid.

     

    Finally, her work permit must be cancelled within 1 week after her last day of work or 1 day after her Work Permit expires. Ideally, you should cancel it the day after her last day – since you are charged with a monthly levy of $300 or S$60 with concession until the day prior to the cancellation date.

    Take Notice of Sending Countries’ Requirements 

     

    Another thing to keep in mind is that hiring and termination procedures may differ depending on your helper's nationality. In some cases, you will have to sign a standardised employment contract sent by the embassy of your maid's sending country. You must also follow the termination clause and other provisions of this contract.

     

    For example, Filipino domestic helpers’ termination clause states that employers can end the contract in cases of serious misconduct, willful disobedience, gross neglect of duties, or violation of Singaporean laws.

     

    On the other hand, Filipino maids have the right to terminate the contract without notice should there be justifiable causes involved, such as mistreatment. Otherwise, they must abide by the agreed upon notice period.

     

    In addition to termination clause requirements, you need to be aware of other laws set up by maids’ sending governments. A Filipino maid, for instance, must be paid at least $570 a month. These and other requirements – such as whether a maid is also employed to take care of children or the elderly – will determine the total cost of sending your maid home.

    You Can Cancel Your MDW’s Permit Online

    Did you know that you can cancel Work Permits on the MOM’s website? Simply log in with your Singpass. Once completed, the effect is immediate. Here are two scenarios during the time you apply for the permit cancelation:

    If your maid is still in Singapore

    You must print out your helper’s special pass after cancelling her work permit. The pass allows your maid to stay in Singapore until her final departure. She should give this pass to immigration upon leaving. You must ensure your helper leaves Singapore as scheduled, as the security bond will be discharged 1 week after your helper’s departure.

    Take note that your helper is not allowed to work for you once the work permit is cancelled, even if she has some time before leaving Singapore.

    If your maid has departed from Singapore

    You should choose the cancellation reason "My helper or I wish to end this employment or she has gone home and will not be returning" in your application. The security bond will be discharged within 2 weeks after we have verified that the helper has left Singapore.

    Closing Thoughts

     

     

    Terminating the employment of your domestic helper can be a difficult process due to the numerous regulations involved. Hopefully, by following our recommendations presented above, you’ll be able to part ways with your helper in a respectful and cost-effective manner, avoiding further complications that might affect your family in the long run.

whatsapp-widget