THE RELEASE LETTER
In cases of resignation or dismissal the Helper's hopes of getting another job remain largely in the gift of their former employer - a person with whom they have been in dispute; a person who (under such circumstances) will have little reason to care about their future and who may actively try to prevent them from remaining in, or returning to, Hong Kong.
(Appendix A - Page 6
para: 5)
Further the threat of withholding such notification has, in certain alleged cases, been used to coerce the employee into acting illegally. (Working in shops for example.)
Commonly called "the release letter" it is a condition in applying for a visa extension to remain in Hong Kong in order to negotiate a contract with another employer.
Through its interconnecting paragraphs, Clause 12 (d) (ii) reads:
The helper must return to his/her* place of origin within two weeks after the date of termination except that, where the Helper takes up new employment and prior to his/her* entering the new employment:-
(ii)
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the Employer has notified the Director of Immigration that he has no objection to the Helper's being employed by the nominated new employee.
There appears to be no provision, within the contract, for this condition to be waived, even though an employer may subsequently be found in breach of the contract by a Labour Tribunal (although it could constitute a circumstance where the Director of Immigration may exercise his discretion.)
(Appendix A - Page 8 para: 9)
(The fact that the two-week rule applies, even to helpers who "win" at their Tribunal hearings, was confirmed by a spokesman for the Department of Immigration, Steven Chan, on RTHK's Open Line Saturday, 9th. June, 1990.)
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