The Standard Employment Contract (SEC) of foreign domestic helpers (FDHs) includes their rights and obligations, along with their daily duties and responsibilities. In addition, it contains guidelines regarding their end of contract or termination, and what’s included in their last payment.
When the decision to terminate a contract is made, either by the employer or the employee, notice should be given to the Immigration Department within seven (7) days. Consequently, the FDH is required to leave Hong Kong upon completion of the contract, or within two weeks from the date of termination, whichever is earlier.
Notice of Termination of Employment Contract
Clause 12 of the SEC states that the employer and the FDH should give notice to the Immigration Department within seven days of the date of termination. This is done by completing the “Notification of Termination of Employment Contract with Foreign Domestic Helper” form, or by writing a letter and submitting it to the department. A copy of the other party’s acknowledgement of the termination should also be submitted.
The notification form may be downloaded from the Department of Immigration’s official website. The form should contain these details:
- Visa Reference Number;
- Employer’s Information (full name, Hong Kong identity card number, contact number, email address);
- Employee’s Information (full name, Hong Kong identity card number, contact number, email address);
- Contract Termination Date (usually the last working day);
- Reason for Termination of Contract; and
- Signature by Employer and/or Employee.
Submission of Notice of Termination
Once the notification form has been completed, it may be submitted to the Immigration Department via fax, mail, in person, or online.
- Fax. The form may be sent via fax through (852) 2157 9181.
- Mail. It can also be sent via mail to this address: Foreign Domestic Helpers Section, Immigration Department, 4th Floor, Administration Tower, Immigration Headquarters, 61 Po Yap Road, Tseung Kwan O, New Territories.
- In Person. Those who are submitting in person can go to the Receipt and Despatch Sub-unit, Immigration Department, same address as above.
- Online. Employers and employees can submit notification forms online through the GovHK website.
Breaching the Conditions of Stay
The law states that an FDH is permitted to remain in Hong Kong within two weeks from the date of termination of contract, or the remainder of the permitted period of stay, whichever is earlier.
However, if the FDH does not leave Kong Kong within this period, he/she is considered to have breached the conditions of stay, which is liable to prosecution. Upon conviction, he/she may face a maximum fine of HK$ 50,000 and imprisonment for two years. After serving the sentence, he/she will not be allowed to return to Hong Kong to work as a FDH again.
Payment Upon Completion or Termination of Contract
When a contract ends, the employer should include these items to the FHD’s last payment: outstanding wages and food allowance, annual leave pay, long service payment or severance payment, and free return passage.
Outstanding Wages and Food Allowance
The FDH should be given any outstanding wages. Likewise, any outstanding food allowance should be given, if free food was not provided throughout his/her employment.
Annual Leave Pay
Payment shall be given in lieu of any annual leave that was not taken by the FDH, based on these conditions:
- If the FDH was employed for at least three but less than 12 months, he/she is entitled to pro rata annual leave pay; or
- If the FDH was employed for 18 months, he/she is entitled to payment in lieu of annual leave for the first 12 months (seven days) plus the pro rata sum based on the remaining employment period (three and a half days).
On the other hand, if the FDH was summarily dismissed due to serious misconduct after 18 months, he she is entitled to payment in lieu of annual leave for the first 12 months (seven days), but without the pro rata sum based on the remaining employment period.
Long Service Payment
In cases where the FDH has worked for not less than five years, the employer shall give long service payment under these circumstances:
- The FDH is dismissed by reason other than summary dismissal due to serious misconduct or redundancy;
- The employment contract expires without getting renewed;
- The FDG is certified as being permanently unfit for the job and he/she resigns;
- The FDH is 65 years old or above and resigns on the basis of old age; or
- The FDH passes away in service.
The formula for computing long service payment is as follows: (Last month wages x 2/3) x reckonable years of service.
NOTE: Service rendered for an incomplete year shall be computed on a pro rata basis.
Severance Payment
Meanwhile, an FDH is entitled to severance payment under these circumstances:
- The FDH is dismissed by reason of redundancy, or his/her contract expires without getting renewed by reason of redundancy; and
- The FDH has rendered not less than 24 months of continuous employment with the same employer immediately before the termination.
Similar to long service payment, the formula for computing severance payment is: (Last month wages x 2/3) x reckonable years of service.
NOTES: Service rendered for an incomplete year shall be computed on a pro rata basis. Moreover, FDHs are not simultaneously entitled to both long service payment and severance payment.
Free Return Passage
Clause 7 of the SEC states that upon termination or expiry of the contract, the employer shall provide the FDH with free return passage to his/her home country. Basically, this includes a flight ticket, including basic checked luggage, plus food and travelling allowance of HK$ 100 per day.
Moreover, the flight ticket provided should be the most direct route; otherwise, the employer may need to give a higher food and travelling allowance because of additional travelling days. In any case, both parties must discuss travel arrangements before a flight ticket is purchased.
These guidelines are designed to protect the rights of both the employer and the employee. They help ensure that foreign domestic helpers receive appropriate payment when their contract ends. At the same time, they help provide employers ample time for hiring new workers, as needed.
For more information about notice of termination, last payment, and other concerns, you can contract the Hong Kong Immigration Department by calling (852) 2824 6111, or by sending an email to enquiry@immd.gov.hk.
Notably, for domestic helpers who are interested in “upskilling” and exploring a new career, you might want to read this article about the upcoming foreign domestic carers scheme, and what it could mean for Filipino workers in Hong Kong.