Can employers issue a Warning Letter to foreign domestic helpers and even terminate their employment immediately?

If you browse various foreign domestic helper discussion forums or social media groups, you will find numerous complaints about the work performance and attitude of foreign domestic helpers. While there are many FDHs who perform well, grievances are usually shared only when unpleasant incidents occur. If a mistake occurs for the first time, it is advisable to communicate politely and give the FDH a chance to improve. However, can employers issue a Warning Letter to FDH and even terminate their employment immediately?

Can employers give a Warning Letter to foreign domestic helpers?

In the Standard Employment Contract and the Employment Ordinance, there is no concept of a Warning Letter. However, if an employer deems it necessary, they can still issue a warning letter to the foreign domestic helper based on the situation. If it is a minor mistake, it is recommended to resolve it through mutual agreement. If the employer considers the helper's issue severe or a repeated mistakes without improvement after communication, issuing a Warning Letter can be considered. However, several points should be noted:

• The warning must be in writing.

• The letter should clearly specify the issues with the helper.

• The consequences if there is no improvement.

• The content should be objective.

• The letter should be written in a language the helper understands.

• Both parties need to sign and retain a copy.

The purpose of a Warning Letter – a precursor to termination

Since there is no legal provision for Warning Letters, what is their purpose? Firstly, if an employer wishes to achieve improvement in the helper's performance and behavior through communication, documenting the conversation and obtaining signatures can serve as evidence. If an employer unilaterally issues a Warning Letter, and the helper disagrees or signs it reluctantly, the relationship may head towards irreparable damage. Although a Warning Letter has no legal effect, it may be considered as a reference document in case of disputes after terminating the helper.

Regarding the notice period and payment in lieu of notice for terminating foreign domestic helpers

If an employer intends to terminate a foreign domestic helper, they must adhere to Section 57 of the Employment Ordinance. The ordinance stipulates that the employer must provide one month's notice or one month's wages in lieu of notice for termination. For detailed information, refer to the article - Salary calculation methods for long service payment and contract termination for foreign domestic helper

Immediate termination without notice and payment in lieu of notice

Employers often question why, if a foreign domestic helper's performance is unsatisfactory or they repeatedly make mistakes, they still need to provide notice or payment in lieu of notice. The Employment Ordinance also specifies situations where notice and payment in lieu of notice are not required. From the employer's perspective, there are four points:

• Willful disobedience of lawful and reasonable orders from the employer

• Misconduct

• Committing fraud or dishonesty

• Habitual neglect of duties

Although these points are broad, proving them can be challenging. The Labour Department suggests using immediate termination only for severe offenses or situations where repeated warnings have not led to improvement. Immediate termination often involves labor disputes and may require court intervention, with the employer having the burden of proof. Having signed Warning Letters can serve as one of the reference documents, but the final decision rests with the Labour Department and the court based on the circumstances.

Conclusion

Warning Letter is not a golden ticket for employers to terminate a foreign domestic helper immediately. Employers must prove that they meet one of the four requirements where notice and payment in lieu of notice are not needed according to the Labour Department. Dealing with a poorly performing helper can be frustrating, but employers must follow the legal requirements for termination and subsequent procedures. When hiring a new foreign domestic helper, preparation before interviews can minimize the chances of hiring an unsuitable helper. Lastly, if employers are concerned about forgetting to purchase insurance or update the helper's information, there are new insurance products available for pre-purchase. Helpers can update their information easily upon arrival, ensuring compliance with legal requirements and avoiding unintentional violations!

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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use