Foreign Domestic Helper Contract & Insurance Q&A (9)
Contract Completion, Air Tickets and Identity Documents
For many employers, hiring and managing a foreign domestic helper can involve legal and administrative issues, especially when a contract ends or is terminated. Understanding the rights and responsibilities under the Standard Employment Contract helps protect both employers and helpers. Below are some common questions about contract completion and related matters.
Q1. After terminating a foreign domestic helper’s contract, when must the employer provide the return air ticket?
Answer: In normal situations, once a helper’s contract ends, whether by completion or early termination, the helper must return to their home country within 14 days.
The employer is responsible for providing a return air ticket. The law does not state an exact date when the ticket must be given, but it is best for the employer and helper to agree on a return date and book the ticket as early as possible. For extra protection, employers are advised to ask the helper to sign a simple acknowledgement confirming that the ticket has been received and the return date agreed.
Q2. If the employer has bought the air ticket but the helper does not board the flight, is the employer still responsible?
Answer: No. The employer’s responsibility has already been fulfilled.
Under the Standard Employment Contract, the employer’s duty is to provide a valid air ticket back to the foreign domestic helper’s home country. Once the ticket is provided, the legal obligation is completed. Whether the helper actually boards the flight is beyond the employer’s control.
Q3. If the employer passes away, must the helper leave Hong Kong within 14 days? What if the helper finds a new employer within that period?
Answer:
Yes, the foreign domestic helper generally must leave within 14 days, but an extension may be possible if a new job is found.
Contract end date: The employment contract is considered ended on the date of the employer’s death.
Departure deadline: After the Immigration Department is notified, the helper must leave Hong Kong within 14 days.
Finding a new employer: If the helper successfully finds a new employer within the 14-day period, they may apply to the Immigration Department for a new work visa and an extension of stay. If approved, the helper can legally remain in Hong Kong while waiting for the new visa, without having to return home first.
Q4. A new foreign domestic helper’s visa has already been approved. Can the employer cancel the hiring because the current helper wants to renew the contract?
Answer:
Yes, the hiring can be cancelled, but agency fees are usually non-refundable.
Employers have the right to cancel the hiring even after the visa is approved. However, most placement agencies do not refund service fees or document processing fees that have already been paid. Employers should carefully review the agreement signed with the agency to understand the cancellation and refund terms.
Q5. A first-time foreign domestic helper’s passport has been kept by the agency, so she cannot apply for a Hong Kong Identity Card and cannot see a public doctor. What should the employer do?
Answer:
Keeping a helper’s passport is illegal. Employers should take immediate action to protect the helper’s rights.
Retrieve the passport immediately: Contact the agency and demand the return of the passport. Under Hong Kong law, agencies have no right to keep a helper’s identity documents.
Seek help or report the case: If the agency refuses, the employer or helper can seek assistance from:
The Police
Labour Department (Employment Agencies Administration)
The helper’s home country consulate in Hong Kong
Identity card and medical care: Helpers should apply for a Hong Kong Identity Card as soon as they arrive. Responsible agencies usually arrange this within one or two days after arrival. Even without an HKID card, helpers can still visit public doctors using a valid passport and visa, though charges may be higher as a non-resident.
Conclusion
Whether it is contract completion, return air tickets, or handling identity documents, following the correct procedures can help employers avoid unnecessary trouble. If in doubt, employers should seek advice from the Labour Department, Immigration Department, or professional advisers to ensure full compliance and peace of mind.
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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
