Employer's immigration and foreign domestic helper contract arrangements

If an employer is planning to move abroad but has an existing contract with a foreign domestic helper (FDH) that has not yet concluded, how should the employer handle the situation? Should they terminate the contract, transfer it to a family member, find someone else to take over, or consider relocating with the FDH? Depending on the circumstances, employers need to consider the following arrangements.

Termination of contract

If the employer needs to move abroad and terminate the contract with the FDH, they should follow Section 57 of the Employment Ordinance. The ordinance stipulates that the employer must provide one month's notice or pay one month's wages in lieu of notice to terminate the contract immediately. Additionally, the employer is responsible for settling other expenses, including long-service payment (if applicable), any unpaid wages, wages in lieu of any untaken annual leave, pro-rata payment for untaken annual leave, wages in lieu of any untaken statutory holidays, and other payments specified in the standard employment contract, such as the cost of returning to the home country, meal, and transportation allowances.

For detailed arrangements and calculation methods, refer to the following article:

Termination of Foreign Domestic Helper Contracts with Salary & Insurance Arrangements

Transfer to a family member

Since the standard employment contract includes details about the employer's information and the place of work (i.e., the employer's primary residence) for the FDH working in Hong Kong, the Immigration Department will not approve requests to change the contract address if the employer moves abroad. If the employer wants the FDH to work for a family member, they need to arrange for the FDH to enter into a new contract with that family member and submit an application to the Immigration Department for a change of employer. Employers should note that this method also requires handling contract termination, salary calculations, and other requirements.

For document downloads and online applications, visit the Hong Kong Government's website - GovHK: Online Application for Extension of Stay (for Foreign Domestic Helpers Who Apply for Change of Employer) (www.gov.hk)

Relocating with the FDH

Since the terms and conditions of the standard employment contract are enforceable only in Hong Kong and are governed by Hong Kong laws, if the employer wants to bring the FDH to another country, they need the FDH's consent. The employer should then check and apply for the visa requirements, regulations, laws, and statutes of the destination country/region.

Transfer to another employer hiring FDH

The arrangement is similar to transferring to a family member. The original employer needs to terminate the contract, and the new employer must enter into a new contract with the FDH. This situation often involves recommendations between friends or family members, and in some cases, online forums may have employers recommending FDHs who have completed their contracts. Most of these arrangements are done without involving intermediary agencies. Besides handling the required documents, the prospective employer must remember to purchase insurance for the FDH.

More about transferring employers of foreign domestic helpers

If a foreign domestic helper applies to change employers within the two-year contract period, approval is generally not granted unless the reason for early termination falls under one of the following:

• The old employer is relocating abroad due to job transfer or immigration.

• The old employer dies during the contract period.

• The old employer faces financial difficulties and cannot continue the contract.

• There is evidence of the FDH being mistreated or exploited by the employer.

If none of the above reasons apply, the FDH must return to their home country and reapply for an entry visa before being able to work again in Hong Kong. Therefore, employers should plan for the FDH's actual availability for work and the commencement date of insurance coverage.

Related product:

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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