Are you a foreign domestic helper in Hong Kong looking to change employers but unsure of the process? Or perhaps you’re an employer looking to hire a domestic helper from a different employer? The change of employer can be intimidating at first, but with the right information and guidance, it can be a smooth transition.
In this article, we will provide you with a comprehensive guide on how to process the change of employer for foreign domestic helpers in Hong Kong. From understanding the legal requirements to navigating the application process, this guide has you covered. So, if you’re planning to change employers in Hong Kong soon, keep reading to learn how to successfully navigate this important process.
Transitioning to a New Employer in Hong Kong
Foreign domestic helpers (FDHs) in Hong Kong are an essential part of the city’s workforce, providing valuable services to families and individuals. FDHs typically sign a two-year contract with their employer and are entitled to certain benefits, such as a weekly rest day and minimum wage requirements.
The contract between an FDH and their employer is regulated by Hong Kong law, and it outlines the terms and conditions of their employment, including their duties, working hours, and compensation. The law requires both parties to adhere to the terms of the contract, and any changes must be mutually agreed upon. However, FDHs may choose to transition to a new employer for a variety of reasons.
Some common reasons why FDHs may transition to a new employer in Hong Kong include better working conditions, higher pay, or the desire to live in a different location. Others may transition due to issues with their current employer, such as mistreatment or an unsatisfactory work environment.
It is essential to note, though, that transitioning to a new employer must be done legally. The Hong Kong Immigration Department must approve the transfer, and both the current and new employers must complete the necessary paperwork. Failure to do so may result in legal repercussions for both the FDH and the employer.
In summary, while FDHs typically sign a two-year contract with their employer in Hong Kong, it is not uncommon for them to transition to a new employer for several reasons. It is crucial to ensure that any transitions are done legally though, as failure to do so may result in dire consequences.
Who May Apply for Change of Employer?
If you are a foreign domestic helper in Hong Kong looking to change employers, the online application service can be a convenient and efficient way to do so. However, it’s important to note that not all FDHs are eligible to use this service.
Here are some key eligibility criteria to keep in mind:
- Physical presence in Hong Kong: You must be physically present in Hong Kong at the time of submission and collection of your new “e-Visa”.
- Remainder period of current contract: Your current contract must have a remainder period of less than 4 weeks.
- Limit of stay: Your limit of stay must not have expired.
- Valid travel document: Your travel document must be valid for at least three (3) more months.
- Return to Hong Kong: You must be planning to return to Hong Kong before the expiry of your limit of stay.
- Next extension of stay: You must not have been notified that your next extension of stay will be subject to review.
- One-month extension of current contract: If you are applying for a one-month extension of your current contract under mutual agreement, you are not eligible to use the online application service.
It’s important to follow these eligibility criteria to ensure that your application is processed correctly and efficiently. If you are unsure whether you are eligible to use the online service, you can check with the Hong Kong Immigration Department or consult with a trusted employment agency.
Requirements for Change of Employer Online Application
- Form ID407 – Employment Contract for a Domestic Helper Recruited from Outside Hong Kong (New): You’ll need to upload up to 4 files of this form, which outlines the terms and conditions of your new employment contract.
- Form 407E – Notification of Termination of Employment Contract with Foreign Domestic Helper: You can upload up to 4 files of this form to show that you have terminated your current employment contract with your current employer.
- Undertaking of Employer (New requirement for FDH visa application during the epidemic situation): You’ll need to upload up to 2 files of this form, which shows that your new employer is willing to undertake certain responsibilities during the COVID-19 pandemic.
- Passport copy of applicant (biodata page with photo and signature page): You can upload up to 3 copies of your passport, which must be valid for at least 3 more months.
- Copy of Hong Kong Identity Card of applicant: You can upload up to 2 copies of your Hong Kong ID card.
- Copy of Hong Kong Identity Card of employer: You can upload up to 2 copies of your new employer’s Hong Kong ID card.
- Proof of employer’s financial position: You’ll need to provide up to 2 documents that prove your new employer’s financial position, such as bank statements or tax returns.
- Proof of employer’s residential address: You can upload up to 2 documents that prove your new employer’s residential address, such as utility bills or rental agreements.
- Release letter from current employer showing the date of termination of contract: You’ll need to upload up to 2 files of this letter, which shows the date you will be released from your current employment contract.
- Other supporting documents: You can upload up to 1 file of any other relevant supporting documents, such as reference letters or educational certificates.
- Form ID934A – Application for Special Permission for Performance of Motor Driving Duties by Foreign Domestic Helpers (first 2 pages only) (if motor driving duties are required): You’ll need to upload up to 2 files of this form if you will be performing motor driving duties for your new employer.
- Vehicle registration document (if with driving duties): You can upload up to 1 copy of the vehicle registration document if you will be performing motor driving duties.
- Motor vehicle license (if driving duties): You can upload up to 1 copy of your motor vehicle license if you will be performing motor driving duties.
- Driving license of applicant (if with driving duties): You can upload up to 1 copy of your driving license if you will be performing motor driving duties.
Supplementary Document Submission
In case you have applied for an extension of stay via GovHK and have received a notification letter from the Immigration Department that requires supplementary documents, you can conveniently submit these online by using an online submission service. Here are some important reminders:
- Ensure that the supplementary documents you are submitting are scanned and saved in one of the following formats: JPEG, PDF, GIF, PNG, or TIF (RAW, LZW, JPEG, CCITT-G4).
- Make sure that the file size of each scanned document is 5 megabytes or less, and the color depth is grayscale for documents without photos and color for documents with photos.
- Enter your application reference number and date of birth as indicated on the notification letter.
- Upload the scanned document copies to the online submission system.
- To protect your personal information, it is recommended to submit the application using your personal computer and avoid using public computers.
Step-by-Step Application Guide for Change of Employer for Foreign Domestic Helpers in Hong Kong
Step 1: Visit GovHK website. Click the link for Online Application for Change of Employer.
Step 2: Select the appropriate extension of stay application form Choose the extension of stay application form that corresponds to your situation, such as “Application for Extension of Stay for Domestic Helper from Abroad”. Make sure to read the instructions carefully before proceeding with the application.
Step 3: Fill out the application form Fill out the online application form with accurate and complete information, including your personal details, purpose of stay, and supporting documents.
Step 4: Upload required documents Upload the necessary supporting documents, such as your passport copy, proof of financial support, and travel itinerary. Make sure that the documents are in the required format and file size.
Step 5: Pay the application fee Pay the application fee using a credit card or other accepted payment methods. The fee amount may vary depending on the type of extension of stay you are applying for.
Step 6: Submit the application After completing all the required fields and uploading the necessary documents, review your application carefully and then click on the “Submit” button.
Step 7: Receive notification and provide supplementary documents (if needed) You will receive a notification letter from the Immigration Department regarding the status of your application. If supplementary documents are required, follow the instructions on the notification letter and submit them online using the online submission service.
That’s it! By following these steps, you can process your online application for extension of stay easily and efficiently via the GovHK website.
Video: Same process din ba ang renewal at change of employer? (as of MAY 2020)
This video explains the similarities and differences between the renewal and change of employer processes for foreign domestic helpers in Hong Kong. It will provide you with an updated overview of the procedures, requirements, and documents needed for both processes. Whether you are a first-time helper or a seasoned worker, this video will guide you through the intricacies of renewing or changing your employment contract legally and hassle-free. Stay informed and make sure you are following the correct steps to secure your stay in Hong Kong as a foreign domestic helper.
Frequently Asked Questions
1. What is the minimum period of time I must work for my current employer before I can apply for a change of employer?
According to Hong Kong law, you must have completed at least 18 months of your current contract before you are eligible to apply for a change of employer.
2. What documents do I need to prepare for a change of employer application?
You will need to prepare several documents, including your employment contract, a notification of termination of employment contract with your current employer, a copy of your Hong Kong identity card, proof of your current employer’s financial position and residential address, and a release letter from your current employer showing the date of termination of your contract.
3. How long does it take to process a change of employer application?
The processing time for a change of employer application is typically around 4-6 weeks, but this can vary depending on the complexity of your case.
4. Can I apply for a change of employer if I have less than 4 weeks remaining on my current contract?
No, if you have less than 4 weeks remaining on your current contract, you are not eligible to apply for a change of employer.
5. What happens if my change of employer application is rejected?
If your change of employer application is rejected, you will need to continue working for your current employer until the end of your contract.
6. Can I change employers if my current employer terminates my contract early?
Yes, if your current employer terminates your contract early, you may be eligible to apply for a change of employer.
7. Can I apply for a change of employer if my current employer doesn’t want me to leave?
Yes, you can still apply for a change of employer even if your current employer does not want you to leave. However, you will need to ensure that you follow the correct legal procedures and that your application meets all the necessary requirements.
8. Can I apply for a change of employer if I am not physically present in Hong Kong at the time of submission?
No, if you are not physically present in Hong Kong at the time of submission, you are not eligible to apply for a change of employer. You must be physically present in Hong Kong at the time of submission and collection of your new “e-Visa”.
Summary
Changing employers as a foreign domestic helper in Hong Kong can be challenging at first, but if you are acquainted with the process, it’s much simpler than you think! With the right knowledge and preparation, the transition can be smooth and stress-free. It’s important to remember that following the legal requirements is crucial for a successful change of employer, and seeking guidance from reliable sources can make all the difference. We hope that this guide has provided you with the information you need to confidently navigate the process and make a positive change in your employment situation. Good luck!
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