Hello – pardon my ruthlessness but I would like to know how I can fire my Filipina employee who is here on a sponsored visa. I am an HSP and currently sponsor her as a domestic helper. I am only allowed to sponsor one domestic helper at one time. We found her here in Japan and she was fairly ok at the start but was very desperate to get sponsored and a common friend vouched for her. However she has done many things which are well below our expectation. Her latest visa expires in 6 months but I’d like to end it earlier so that I could sponsor someone that better meets our needs.
Can I simply go to immigration and request to cancel her visa which I sponsor? My impression is it’s not so simple.
4 comments
You would need to terminate her employment then inform immigration. They can’t fire her for you.
Assuming that you have justifiable reason to terminate, you just terminate. She is required to inform immigration within 14 days, if you hire someone new you just tell them you terminated the previous person.
Labour law doesn’t apply to domestic workers, but at the very least you should try to be fair and equitable with the dismissal. Remember that the Filipino community in Japan is very tight knit, and word gets around very quickly.
You can terminate her following the correct labor standards and labor contract laws, but you cannot do much about her SOR because her immigration status is between her and immigration.
You will however need to notify hello work (I believe within 10 days) after she ends employment with you (you should have done that when she started employment with you too). She then needs to notify immigration herself within 14 days after her final day with you.
I guess you can of course contact immigration though and consult them about it.
Why not just terminate her employment, let her go? Why rip her visa away? Once a person has a visa, the visa is theirs so its a pretty low move to snatch it away.
Sure, her work is below your expectations. Set clear expectations. Give her 2 weeks to get with the program or let her go.
She can job hunt then and find another position and go on with her life.