Ending Contract

Terminating the contract of a foreign domestic helper due to poor work attitude or the helper resigning on their own

If a helper has a poor work attitude or resigns and shows signs of intending to change jobs within a short period of time, you can fill out the termination reason on the ID407E form and attach a complaint letter. These records may affect the Immigration Department's handling of the helper's future work visa applications and could lead to the rejection of their application. However, many cases have shown that helpers can still obtain a work permit in their home country and return to work in Hong Kong, so employers are not entirely protected.

If a domestic helper resigns, they have 14 days to find a new employer in Hong Kong. If they are successful in finding a new employer, they can continue working in Hong Kong. However, if they are unable to find a new employer, they must return to their home country. Therefore, it is crucial to include their name on the maid blacklist to prevent other employers from hiring them again and potentially causing harm.

If the contract is terminated, the employer is responsible for paying for the helper's return airfare to their home country. Some helpers may ask for cash instead of a plane ticket, indicating their intention to stay in Hong Kong and change jobs. As an employer, you have the right to refuse such requests. Insist on not using cash as a substitute for a plane ticket and discuss with them when they will leave. You can purchase a refundable ticket, so that if the foreign domestic helper does not board the flight, you can get a refund. However, the domestic helper or agency may be able to change the flight date for this type of ticket. If you want to confirm whether the domestic helper has boarded the flight or not, you can send an email to the airline to inquire, or some airlines may send you an email after the flight if they have confirmed that she did not board the flight.

When a helper resigns, you should ask them to provide a resignation letter. If the domestic helper decides to resign immediately, it is recommended to ask them to pay a month's salary in lieu of one month's notice. This is a common practice in Hong Kong and can help compensate for the sudden termination of the contract.