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GUIDE: How Domestic Workers Can Extend Contract with the Same Employer

Did you know that a contract extension by up to three months for domestic helpers is possible here in Hong Kong? How, you ask? This process must be taken to the Director of Immigration and must be agreed upon by both the helper and their employer.

To learn how this can be accomplished, make sure to read the following sections.

[Domestic Helper Guide] How to Extend Contract with the Same Employer for 1-3 Months
Credits: Hong Kong Free Press

GUIDE: How Can Domestic Helpers Extend Their Contracts with the Same Employer for 1-3 Months?

Only in extraordinary circumstances will you be given an extension of stay. In most cases, an extension will not be allowed in the case of a contract renewal. The Director of Immigration has sole authority over whether or not a stay extension will be granted.

According to a bulletin released on March 29, 2021, by the Labour Department: “The Government will continue to implement the previous measure to enable employers to extend the validity period of the existing contracts with their outgoing FDHs. For all FDH contracts that will expire on or before June 30, 2021, the Commissioner for Labour has given in-principle consent for extending the employment period stated in Clause 2 of the Standard Employment Contract for a maximum period of three months, on the basis that such variation is agreed upon by both the employer and the FDH. However, applications for further extension of those contracts which have already been extended under the previous flexibility arrangements including that announced on December 30, 2020 will not be considered.”

The Foreign Domestic Helpers Section at Immigration Tower in Wan Chai accepts applications for helper extension of stay during office hours or via mail.

Here are the documentary requirements for filing this extension:

  1. Visa/Extension of Stay Application Form for Domestic Helper from Abroad (ID988A) completed and signed by the domestic helper;
  2. Original copies of the current standard Employment Contract (ID407) kept by the employer and domestic helper with an amendment clause on such extension duly signed by both parties at the end of page 4;
  3. A supporting letter signed by the employer stating the reason(s) for such extension and undertaking that upon such extension no renewal of contract with the same Helper will be required;
  4. The domestic helper’s travel document (please send a copy if applying by post); AND
  5. Undertaking of Employer (New requirement for FDH visa application during the epidemic situation).

The bulletin also noted that based on prior flexibility arrangements, a three-month extension term could give companies enough time to prepare for their newly employed FDHs to arrive to Hong Kong. If a newly employed FDH cannot travel to Hong Kong within the three-month extended time and the employer needs to keep his or her FDH longer than the three-month extended period, the employer should request for a contract renewal with the existing FDH. It is the responsibility of the employer to make advance arrangements for their newly hired FDHs to arrive in Hong Kong within the three-month extended length of employment of their existing FDHs and/or to arrange for contract renewal with their existing FDHs.

To know more about this specific update from the Labour Department, you may visit their official website here.

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