Termination of Contract
Tips for employers to bear in mind upon termination of the employment contract:
- Either domestic helper or employer may terminate the contract by giving not less than one month's notice in writing or by paying one month's wages to the other party. You may download a sample of the letter of termination for reference;
- Termination of employment without notice* should be considered only under very special circumstances. If you really have to do so, you should make sure that you have sufficient evidence to back up your case. Otherwise, you will likely face a claim from the other party;
- You should clear all outstanding wages and other sums due to your helper, preferably by payment through the bank or cheques, and obtain a receipt for all payments. The items and amount payable to your helper on termination of the contract depend on a number of factors such as the length of service and the reason for termination of contract. It is advisable to keep the receipts for such payments. You may download a sample of the receipt for payments for reference;
- You shall provide the helper with free passage to her place of origin on termination of the employment contract. This payment can be made either by giving the helper a return air-ticket or by payment in lieu of air-ticket, A daily food and travelling allowance HKD100 per day shall be paid to the helper when she returns to her place of origin;
- You are required to notify the Immigration Department in writing of the termination within seven days of the date of termination. It is not necessary to inform the Labour Department.
The standard Employment Contract is not transferrable and if for any reason it is terminated before the standard contract period of two years has been completed, the initiating party should in writing inform the other party of the exact date of termination of the contract. Both the employer and the Helper should notify the Director of Immigration in writing of the date of termination of the contract within 7 days following the termination. The employer should also provide the Director of Immigration with a copy of the written notice of termination.
We charge only HKD1,000- for
terminate a helper service, which includes:
Pick up and arrange the helper to leave employer's place
This service can avoid unnecessary conflicts between employer and helper
*Termination of contract without notice by employer
The employer may terminate the contract without notice or payment in lieu if the Helper, in relation to her employment:
- wilfully disobeys a lawful and reasonable order;
- misconducts herself, such conduct being inconsistent with the due and faithful discharge of her duties;
- is guilty of fraud or dishonesty;
- is habitually neglectful in her duties; or
- has caused the employer, on any other ground, to be entitled to terminate the contract without notice at common law.
Termination of contract without notice by Helper
The Helper may terminate the contract without notice or payment in lieu:
- if she reasonably fears physical danger by violence or disease which was not contemplated by her contract of employment expressly or by necessary implication;
- if she is subject to ill-treatment by the employer; or
- on any other ground on which she would be entitled to terminate the contract without notice at common law.
Employer may download this form - Notification of Termination of an Employment Contract, which is a notification of termination of an employment contract given by the employers of domestic helpers from abroad or the domestic helpers from abroad to the Director of Immigration, the Government of the Hong Kong SAR.
You may surf the website of Labour Department or contact us at 6332 1312 for further details.