FAQ

* Please note that the information below is provided by the Hong Kong Labour Department.

On First Employment
Reimbursement of Costs of Documentation
Payment and Deduction of Wages
Rest Days, Holidays and Leave
Medical Attention and Sickness Allowance
Maternity Protection
Paternity Leave
Termination of Employment Contract
Severance Payment and Long Service Payment
Employment Protection
Free Return Passage and Food and Travelling Allowance
Enquiries and Complaints

On First Employment

For both employer and helper
1. What are the rights and responsibilities regarding my employment as a foreign domestic helper OR as an employer of a foreign domestic helper?
  The basic rights and responsibilities regarding the employment of foreign domestic helper are specified in the standard employment contract (ID 407). In addition, the Employment Ordinance is also applicable to employers and helpers alike.
2. Will there be any sanctions imposed on those helpers and employers for breaching the terms and conditions specified in the standard employment contract?
  - Both the helper and employer are required to undertake to the Government of the HKSAR at Part 6 of the “Visa/Extension of Stay Application Form for Domestic Helper from Abroad” (ID 988A) and “Application for Employment of Domestic Helper from Abroad” (ID 988B) that they will strictly observe, among other things, the helper's conditions of stay as well as the wage level, live-in and accommodation requirements.
  - If a helper breaches the undertaking, he/she may not be allowed to work in Hong Kong again. If an employer breaches the undertaking, his/her future application to employ foreign domestic helpers may also be refused.
  - Employers should not be easily persuaded to provide false information in the application and the standard employment contract pertaining to the employment of foreign domestic helpers, or to collude with others in deception with the intent to employ foreign domestic helpers by paying wages less than that stipulated in the standard employment contract. In a case, an employer who furnished false information to the Immigration Department about the wages of his/her foreign domestic helper was sentenced to 4 months' imprisonment and ordered to pay the wages in arrears to the helper. Employers are advised to abide by the law and pay the full amount of wages stated in the 3 standard employment contract to their foreign domestic helpers. Otherwise, it is an offence and the employer is liable to prosecution.
  - Moreover, if an employer or a helper commits offences under the Employment Ordinance or the Immigration Ordinance, they are also subject to prosecution.
For employer
1. What should I do upon my helper's arrival to commence work?
  - You should pay your helper the daily food and travelling allowance of HK$100 per day, as specified in the employment contract, for his/her journey to Hong Kong. You should also reimburse him/her the cost of preparing all necessary documents.
  - You are advised to explain to your helper the duties you expect him/her to perform. Such duties must be domestic duties as specified in the “Schedule of Accommodation and Domestic Duties” of the employment contract.
  - You should fix a date on which you will pay wages to your helper.
  - You should appoint rest days for your helper.
  - You should agree with your helper whether food will be provided during employment. If it is provided, it must be free of charge. If no food is provided, a food allowance of the amount specified in the employment contract should be given to the helper each month.
  - You should take out employees' compensation insurance against your liabilities for your helper's injuries at work. This is a requirement under the Employees' Compensation Ordinance. Failure to do so is an offence in law, punishable by a maximum fine of HK$100,000 and imprisonment for 2 years. Besides, you are required to provide free medical treatment to the helper according to the standard employment contract. You are therefore advised to take out a comprehensive insurance policy with both medical insurance and employees' compensation insurance to manage the related expenses when they arise.
2. Can I concurrently enter into another employment contract with my helper?
  No. The standard employment contract (ID 407) is the only official employment contract for all foreign domestic helpers in Hong Kong. Any other employment contract entered between the employer and the helper is not enforceable in Hong Kong.
3. Can I ask my helper to work for another person or take up non-domestic duties?
  No. It is an offence under the Immigration Ordinance to ask your helper to work for another person other than the employer named on his/her visa or to ask him/ her to perform non-domestic duties. Employers found to have breached the Immigration Ordinance may face prosecution.
For helper
1. What should I do when I start working for my employer?
  - To facilitate reimbursement of costs of documentation by your employer, you should produce receipts for all relevant expenses incurred in preparing the documents.
  - You are advised to ask your employer to explain your duties and get a clear idea of what your employer expects of you. You shall perform domestic duties as specified in the “Schedule of Accommodation and Domestic Duties” of your employment contract.
  - You should keep your own personal identification documents (e.g. identity card, passport, etc.). No other person, including your employer or staff of the employment agency, should keep these documents for you without your consent.
2. Can I live away from my employer's home?
  No. You should work and reside in your employer's residence in accordance with Clause 3 of the standard employment contract. Your employer is required to provide you with free accommodation as per the standard specified in the “Schedule of Accommodation and Domestic Duties” of the employment contract.
  (For those live-out arrangements which have been approved by the Director of Immigration before 1 April 2003, the helper is allowed to reside in places other than the employer's residence provided that the employer continues to employ foreign domestic helper without a break of more than 6 months.)
3. Can I take up part-time employment with my employer's consent?
  No. It is an offence under the Immigration Ordinance for you to take up any employment with any person other than your employer named on your visa. You will be liable to prosecution and removal for breaching the conditions of stay. If you are so removed, you will not normally be allowed to come to Hong Kong again to work as a helper.
4. What should I do if my employer deploys me to work for another person or take up non-domestic duties?
  You should report the matter to the Investigation Division of the Immigration Department.
5. What should I note on my personal safety and rights while I work in Hong Kong?
  - If you were being physical abused or your personal safety is at risk, call the police emergency hotline “999” immediately for assistance.
  - If you are not paid your wages or any of your employment right is infringed, call the Labour Department 24-hour enquiry hotline “2157 9537” or approach the branch offices of the Labour Relations Division of the Labour Department for enquiry and assistance.
  - Always keep your passport and Hong Kong Identity Card yourself. No other person should keep your passport for you.
  - You should not sign any documents if you do not understand or agree.

Reimbursement of Costs of Documentation

For employer
1. What expenses should I reimburse my helper under the employment contract?
  - Under the employment contract, you are responsible for expenses incurred by your helper in preparation of documents for taking up employment with you. Normally your helper would have paid such expenses and you should reimburse him/her as soon as possible when he/she produces the receipts. You are advised to ask him/her to acknowledge your reimbursement in writing and keep the receipts for proof of payment.
  - Taking the case of a helper from the Philippines as an example, you may be asked to pay the following :
    - Philippines Overseas Employment Administration (POEA) fee (collected by the Philippines Government for processing the exit permit and compulsory attendance of a briefing session for the helper prior to departure)
    - Mandatory insurance
    - Medical examination fees
    - Notarization fee (charged by the Philippines Consulate General in Hong Kong)
    - Visa fee (charged by the Immigration Department)
2. What expenses should I reimburse my helper if I renew his/her employment contract?
  You should pay your helper the fees for notarizing the re-engagement contract collected by the relevant consulates in Hong Kong, fees charged by the Immigration Department and other expenses incurred by your helper for renewing the employment contract as specified in Clause 8 of the standard employment contract.
3. Should I pay the processing/documentation expenses to my helper who is hired through an employment agency in Hong Kong?
  It depends on what expenses the employment agency undertakes to pay on your behalf and whether your helper has actually paid any necessary expenses out of his/her own pocket. If you have paid the employment agency any money to cover such expenses, you should ask the agency to furnish you with the relevant receipts for proof of payment.

Payment and Deduction of Wages

For both employer and helper
1. Can an employer deduct the helper's wages to compensate for damage to goods caused by him/her? What other items may an employer deduct from the helper's wages?
  - An employer can make deductions for damage to or loss of the employer's goods, equipment or property by the helper's neglect or default. In any one case, the sum to be deducted shall be equivalent to the value of the damage or 11 loss but not exceeding HK$300. The total of such deductions shall not exceed one quarter of the wages payable to the helper in that wage period.
  - The employer may also make deductions from the helper's wages under the following circumstances:
    - deductions for absence from work. The sum to be deducted should be proportionate to the period of time the helper is absent from work;
    - deductions for the recovery of any advanced or over-paid wages made by the employer to the helper. The total sum to be deducted shall not exceed one quarter of the wages payable to the helper in that wage period;
    - deductions, with the helper's written consent, for the recovery of any loan made by the employer to the helper; and
    - deductions which are required or authorized under any enactment to be made from the wages of the helper.
    Except with the approval in writing of the Commissioner for Labour, the total of all deductions, excluding those for absence from work, made in any one wage period shall not exceed one half of the wages payable in that period.
2. What are the consequences if an employer fails to pay wages to the helper on time?
  - If an employer who wilfully and without reasonable excuse fails to pay wages to the helper within 7 days from the due date of payment, he/she is :
    - required to pay interest on the outstanding amount of wages to the helper; and
    - liable to prosecution and, upon conviction, to a maximum fine of HK$350,000 and to imprisonment for 3 years.
  - If wages are not paid within 1 month from the due date of payment, the helper may deem the contract to be terminated by the employer without notice. Under such circumstances, the employer is required to pay payment in lieu of notice in addition to other statutory and contractual termination payment to the helper.
For employer
1. Can I agree with my helper to pay lesser amount of wages than the minimum allowable wage (MAW)?
  No. An employer cannot agree with the helper to pay lesser amount of wages than the MAW. Approval for the importation of foreign domestic helper is based on facts submitted to the Director of Immigration, whereby the employer has agreed to pay not less than the MAW. An employer who wilfully and without reasonable excuse underpays wages as stated in the standard employment contract is liable to prosecution and, upon conviction, to a maximum fine of HK$350,000 and to imprisonment for 3 years. The employer would also be committing serious offences of making false representation to an Immigration Officer and conspiracy to defraud. Any person convicted of making false representation is liable to prosecution and, upon conviction, to a maximum fine of HK$150,000 and to imprisonment for 14 years.
2. How should I pay wages to my helper?
  - You are advised to pay wages by cheque or by autopayment into your helper's bank account. To do this, you have to obtain your helper's consent beforehand. If your helper does not prefer such methods of payment, you should pay him/ her wages in legal tender.
  - You are required to keep records of wage payments, e.g. relevant bank statements. You should also provide a receipt for payment of wages and food allowance and ask your helper to acknowledge receipt of the amount.
3. When should I pay wages to my helper?
  - You should pay wages to your helper not less than once every month. Wages shall become due on the expiry of the last day of the wage period. You should pay wages to your helper as soon as practicable but in any case not later than 7 days after the end of the wage period.
  - If you wish to change the wage period and wage payment date, you should give prior notice to your helper and clear the outstanding wages.
For helper
1. What should I do when my employer pays me wages?
  A You should check the amount paid to you. If correct, you should acknowledge receipt of the amount on the receipt prepared by your employer.
2. What should I do if my employer pays less than my entitled wages?
  If the amount is less than the wages stipulated in the employment contract, you should check with your employer to see if there is any mistake in calculation. Never acknowledge receipt of wages that you were not paid. If there is no satisfactory explanation for the underpayment, you should report the case to the branch offices of the Labour Relations Division of the Labour Department immediately.

Rest Days, Holidays and Leave

For both employer and helper

What kinds of leave are foreign domestic helpers entitled to under the Employment Ordinance?
- Under the Employment Ordinance, foreign domestic helpers are entitled to the following leaves:
  - Rest days;
  - Statutory holidays; and
  - Paid annual leave.
- If both parties agree to renew the contract, the helper shall, before the new contract commences, return to his/her place of origin at the expense of the employer for a paid/unpaid vacation of not less than 7 days according to the standard employment contract (unless prior approval for extension of stay in Hong Kong is given by the Director of Immigration).
- Leave and payment records should be kept properly to avoid future disputes.
How long should a helper work before he/she can enjoy the statutory holidays in a year?
- All foreign domestic helpers, irrespective of their length of services, are entitled to the following 12 statutory holidays in a year :
  - The first day of January
  - Lunar New Year's Day
  - The second day of Lunar New Year
  - The third day of Lunar New Year
  - Ching Ming Festival
  - Labour Day, being the first day of May
  - Tuen Ng Festival
  - Hong Kong Special Administrative Region Establishment Day, being the first day of July
  - The day following the Chinese Mid-Autumn Festival
  - Chung Yeung Festival
  - National Day, being the first day of October
  - Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)
- If the helper has been employed continuously by the employer for not less than 3 months immediately preceding a statutory holiday, he/she is entitled to the holiday pay.

How many days of annual leave should be given to a helper in a year?

A helper is entitled to paid annual leave after having been employed for every 12 months with the same employer. The helper's entitlement to paid annual leave increases progressively from 7 days to a maximum of 14 days according to the length of service as follows:

Years of Service	Number of days of paid annual leave in a year
1	7
2	7
3	8
4	9
5	10
6	11
7	12
8	13
9 or above	14

For example, a helper is entitled to 9 days of annual leave after he/she has completed the 4th year's service during the 2nd 2-year contract with his/her employer.

Who determines the timing of annual leave taken by a helper?
A helper shall take the paid annual leave to which he/she is entitled within the following period of 12 months at a time appointed by the employer after consultation with the helper, confirmed by a written notice to the helper at least 14 days in advance.
Should annual leave include rest days and statutory holidays?
No. Any rest day or statutory holiday falling within the period of annual leave will be counted as annual leave. Another rest day or holiday must be appointed.
Under what conditions should vacation leave be granted in addition to annual leave?
If the employer and the helper agree to renew the contract, the helper should be granted a vacation leave of not less than 7 days for returning to his/her place of origin before the new contract commences according to Clause 13 of the standard employment contract. However, whether this vacation leave shall be paid or unpaid would depend on the term agreed in the contract.
Can an employer compel his/her helper to take no pay leave when the employer is going abroad?
The arrangement of taking no pay leave shall be of mutual consent to both parties. The employer shall not unilaterally impose such leave on his/her helper.

For employer
1. How should I appoint rest day to my helper?
  - You should provide your helper with not less than 1 rest day in every period of 7 days. A rest day is a continuous period of not less than 24 hours.
  - Rest days shall be appointed by you and may be granted on a regular or an irregular basis. Unless the rest days are on a regular basis, you should notify the helper his/her appointed rest days before the beginning of each month.
2. Can I require my helper to work on his/her rest days?
  - No. Except in unforeseen emergency, you shall not require your helper to work on his/her rest days. An employer who compels the helper to work on a rest day is in breach of the Employment Ordinance and is liable to prosecution and, upon conviction, to a maximum fine of HK$50,000.
  - You may however, with the consent of your helper, substitute some other day for the appointed rest day. The substituted rest day shall be granted within the same month before the original rest day or within 30 days after it.
3. Can I ask my helper to perform duties after he/she returns home on his/her rest days?
  You should not compel your helper to perform duties on his/her rest days. However, he/she may work voluntarily on his/her rest days.
4. an I require my helper to work on statutory holidays?
  - not less than 48 hours' prior notice; and
  - an alternative holiday within 60 days before or after the statutory holiday.
5. Can I ask my helper to forfeit a statutory holiday in exchange for extra wages with his/her consent?
  No. You must not make any form of payment to your helper in lieu of granting a statutory holiday.
  An employer who without reasonable excuse contravenes this provision is liable to prosecution and, upon conviction, to a maximum fine of HK$50,000.
6. If a statutory holiday falls on my helper's rest day, is it obligatory for me to grant him/her another holiday?
  Yes. If the statutory holiday falls on a rest day, a holiday should be granted on the next day which is not a statutory holiday or an alternative/substituted holiday or a rest day.
7. How should I grant annual leave to my helper on completion or termination of employment contract?
  - When the employment contract is terminated, your helper should be given payment in lieu of any annual leave not yet taken in respect of every 12 months' completed service. For 3 but less than 12 months' employment in a leave year (i.e. a period of every 12 months after the commencement of employment), your helper is entitled to pro rata annual leave pay if the employment contract is terminated other than for the reason of summary dismissal due to his/her serious misconduct.
  - For example: If your helper resigned or was dismissed after serving 18 months of employment and he/she had not yet taken any annual leave, he/she should be given payment in lieu of annual leave for the first 12 completed months of employment (i.e. 7 days), plus the pro rata sum in lieu of annual leave pay calculated for the remaining period of employment (i.e. 7 days + 3.5 days = 10.5 days).
  - However, if your helper is summarily dismissed due to his/her serious misconduct after serving 18 months, he/she would only be entitled to payment in lieu of annual leave for his/her first 12 months of employment, i.e. 7 days.

Medical Attention and Sickness Allowance

For both employer and helper
1. Under what circumstances is a helper entitled to sickness allowance?
  - An employer should pay the helper sickness allowance if :
    - he/she has accumulated sufficient number of paid sickness days;
    - the sick leave taken is not less than 4 consecutive days; and
    - the sick leave is supported by an appropriate medical certificate.
  - Paid sickness days are accumulated at the rate of 2 paid sickness days for each completed month of helper's employment during the first 12 months, and 4 paid sickness days for each completed month of employment thereafter. Paid sickness days can be accumulated throughout the whole employment period, but shall not exceed 120 days at any one time.
2. What is the rate of sickness allowance? When should it be paid?
  The daily rate of sickness allowance is a sum equivalent to four-fifths of the average daily wages of the helper. It should be paid not later than the normal pay day.
3. Can an employer dismiss the helper who is on paid sick leave?
  - No. Except in cases of summary dismissal due to the helper's serious misconduct, an employer who contravenes the provision is liable to prosecution and, upon conviction, to a maximum fine of HK$100,000.
  - The employer is also required to pay the helper :
    - payment in lieu of notice;
    - a further sum equivalent to 7 days' wages as compensation; and
    - his/her entitled sickness allowance.
  - The helper may also claim remedies for unreasonable and unlawful dismissal under the part of Employment Protection of the Employment Ordinance.
For employer
1. Should I pay for the medical expenses incurred by my helper when he/she is ill or injured?
  - Yes. When your helper is ill or injured, you shall provide free medical treatment to him/her whether or not it is attributable to his/her employment. Free medical treatment includes medical consultation, maintenance in hospital and emergency dental treatment. In this connection, you are strongly advised to take out an insurance policy with full medical and hospitalization coverage for the helper. You may also consider taking out a comprehensive insurance policy which provides medical and hospitalization coverage and satisfies the requirement under the Employees' Compensation Ordinance at the same time.
  - For the avoidance of doubt, the revised standard employment contract introduced on 1 April 2003 makes it clear that, under the new contract, employers are not responsible for providing free medical treatment during the period when the helper leaves Hong Kong of his/her own volition and for his/ her personal purposes e.g. on home leave.
2. Can I appoint a medical practitioner for my helper in times of illness or injury?
  Under the employment contract, a helper shall accept medical treatment by any registered medical practitioner as provided by the employer. It is advisable to reach prior agreement with your helper as to which medical practitioner should be consulted in times of illness or injury.

Maternity Protection

For both employer and helper
1. Under what circumstances is a helper entitled to paid maternity leave?
  A female helper is eligible for 10 weeks' paid maternity leave if she:
  - has been employed for not less than 40 weeks immediately before the commencement of scheduled maternity leave;
  - has given notice of pregnancy and her intention to take maternity leave to her employer after the pregnancy has been confirmed. For example, the presentation of a medical certificate confirming her pregnancy to the employer; and
  - has produced a medical certificate specifying the expected date of confinement if so required by the employer
2. What is the rate of maternity leave pay? When should it be paid?
  The daily rate of maternity leave pay is a sum equivalent to four-fifths of the average daily wages of the helper. It should be paid on the normal pay day of the helper.
3. Can an employer dismiss a pregnant helper?
  - No. Except in cases of summary dismissal due to the helper's serious misconduct, an employer is prohibited from dismissing a pregnant helper from the date on which she is confirmed pregnant by a medical certificate to the date on which she is due to return to work upon the expiry of her maternity leave.
  - An employer who contravenes the provision is liable to prosecution and, upon conviction, to a maximum fine of HK$100,000. He/she is also required to pay the helper:
    - payment in lieu of notice;
    - a further sum equivalent to 1 month's wages as compensation; and
    - 10 weeks' maternity leave pay if, but for the dismissal, she would have been entitled to such payment.
  - The helper may also claim remedies for unreasonable and unlawful dismissal under the part of Employment Protection of the Employment Ordinance.

Paternity Leave

For both employer and helper
1. Under what circumstances is a helper entitled to paid paternity leave?
  A male helper is entitled to 5 days' paid paternity leave for each confinement of his spouse/partner if he:
  - has been employed for not less than 40 weeks immediately before the day of paternity leave;
  - has given the required notification to the employer; and
  - has provided the required document to the employer within the following period (whichever period expires first):
    - 12 months after the first day of paternity leave taken; or
    - if he ceases to be employed, within 6 months after cessation of employment.
2. How should the helper notify his employer of taking the paternity leave?
  - The helper must notify his employer of his intention to take paternity leave at least 3 months before the expected date of delivery of the child (exact date of leave not required at this stage); and the date of his paternity leave before taking the leave.
  - If the helper fails to give the abovementioned 3 months' advance notice to the employer, he must notify the employer of his date of paternity leave at least 5 days before that date.
3. When may paternity leave be taken?
  - The helper may take paternity leave at any time during the period from 4 weeks before the expected date of delivery of the child to 10 weeks beginning on the actual date of delivery of the child.
  - The helper may take all 5 days of paternity leave in one go or on separate days.
4. What is the required document to be provided by the helper for paternity leave pay?
  - The birth certificate of the child on which the helper's name is entered as the child's father.
  - If the child is born dead or dies after birth and no birth certificate has been issued in respect of the child, the helper must produce a medical certificate certifying the delivery of the child.
5. What is the rate of paternity leave pay? When should it be paid?
  - The daily rate of paternity leave pay is a sum equivalent to four-fifths of the average daily wages* of the helper.
  - If a helper has provided the required document to the employer before the day on which paternity leave is taken, the employer must pay him paternity leave pay:
    - not later than the day on which he is next paid his wages after the day of paternity leave; or
    - if the helper has ceased to be employed, within 7 days after cessation of employment.
  - If a helper provides the required document to the employer after taking paternity leave, the employer must pay him paternity leave pay:
    - not later than the day on which he is next paid his wages after the document is provided; or
    - if the helper has ceased to be employed, within 7 days after the document is provided.

Termination of Employment Contract

For both employer and helper
1. Can an employer or a helper terminate the employment contract before it completes?
  Yes. Either party may terminate the contract by giving 1 month's notice in writing or 1 month's wages in lieu of notice to the other party.
2. What should I do upon termination or completion of the employment contract?
  - You should clear all outstanding wages and other sums due to your helper, preferably by payment through the bank, and obtain a receipt for all payments.
  - You are required to notify the Foreign Domestic Helpers Section of the Immigration Department in writing of the termination within 7 days of the date of termination. It is not necessary to inform the Labour Department.
  - You should settle all payments with your employer and ensure that all sums are paid to you before you sign any receipt.
  - You are required to notify the Foreign Domestic Helpers Section of the Immigration Department in writing of the termination within 7 days of the date of termination. It is not necessary to inform the Labour Department.
3. Can an employer or a helper terminate the contract without notice or payment in lieu of notice?
  Termination without notice or payment in lieu of notice is allowed only under special circumstances.
  For Employer:
  You may summarily dismiss your helper without notice or payment in lieu of notice if your helper, in relation to the employment :
  - wilfully disobeys a lawful and reasonable order;
  - misconducts himself/herself;
  - is guilty of fraud or dishonesty; or
  - is habitually neglectful in his/her duties.
  For Helper:
  You may terminate your employment contract without notice or payment in lieu of notice if :
  - you reasonably fear physical danger by violence or disease;
  - you are subjected to ill-treatment by your employer; or
  - you have been employed for not less than 5 years and you are certified by a registered medical practitioner or a registered Chinese medicine practitioner as being permanently unfit for the present job.
4. What should I bear in mind when considering termination of the contract without notice?
  - Termination of employment without notice is usually preceded by disagreement between the employer and the helper. In the midst of heated arguments, things may be blown out of proportions and either party may there and then believe that it is justified for him/her to terminate the contract or to consider that it has been terminated. This often turns out to be ill-conceived. As independent witnesses are not usually available in a domestic environment, it will be difficult to re-construct the circumstances leading to the dispute and decide whether the action taken is justified.
  - The best way to solve problems arising from employment is for the parties to talk things out. Try to be considerate and tolerant with each other in sorting out your differences. Most problems can be resolved without resorting to drastic actions.
  - 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.
5. What should I do if my helper leaves without giving me notice or payment in lieu of notice? OR What should I do if my employer dismisses me without giving me notice or payment in lieu of notice?
  - You should notify the Foreign Domestic Helpers Section of the Immigration Department if you consider that the contract has been unilaterally terminated by the other party. For the employer, if you are unable to locate the whereabouts of the helper, you may also wish to report the case of missing helper to the Police.
  - If you consider that the other party is not entitled to terminate the contract without notice and you wish to claim payment in lieu of notice, you should approach the branch office of the Labour Relations Division of the Labour Department without delay. This Division will help you settle your claim by conciliation.
  - You may of course waive the requirement of proper notice from the other party.
For employer
1. Upon termination or completion of the contract, what items of payment should I pay to my helper?
  - The items and amount payable to your helper on termination or completion of the contract depend on a number of factors such as the length of service and the reason for termination of contract. However, termination payments usually include :
    - outstanding wages;
    - payment in lieu of notice, if any;
    - payment in lieu of any untaken annual leave, and any pro rata annual leave pay for the current leave year;
    - where appropriate, long service payment or severance payment;
    - any other sum due to the helper in respect of the employment contract, e.g. free return passage and food and travelling allowance.
  - It is advisable to keep the receipts for such payments.

Severance Payment and Long Service Payment

For both employer and helper
1. Under what circumstances should an employer pay severance payment to a helper?
  An employer should pay severance payment to the helper if he/she:
  - is dismissed or the contract is not being renewed* by reason of redundancy; and
  - has not less than 24 months of employment with the same employer immediately prior to the termination.
  * If the employer has offered in writing to renew the contract or re-engage the helper under a new contract not less than 7 days before the expiry of the contract, but the helper has unreasonably refused the offer, the helper is not eligible for severance payment.
2. Under what circumstances should an employer pay long service payment to a helper?
  An employer should pay long service payment to the helper if he/she has worked continuously for not less than 5 years, and:
  - is dismissed or the contract is not being renewed** by reason other than summary dismissal due to his/her serious misconduct or redundancy;
  - is certified by a registered medical practitioner or a registered Chinese medicine practitioner as being permanently unfit for the present job and he/she resigns;
  - aged 65 or above and he/she resigns on ground of old age; or
  - dies in service.
  **If the employer has offered in writing to renew the contract or re-engage the helper under a new contract not less than 7 days before the expiry of the contract, but the helper has unreasonably refused the offer, the helper is not eligible for long service payment.
3. Would a helper be entitled to severance payment and long service payment simultaneously?
  No. A helper will not be simultaneously entitled to both severance payment and long service payment. A helper dismissed by reason of redundancy is entitled to severance payment but not long service payment.
4. How are severance payment and long service payment calculated?
  The following formula applies to the calculation of both severance payment and long service payment:
  [(Last month wages x 2/3) x reckonable years of service ^Note] ^#
  ^Note Service of an incomplete year should be calculated on a pro rata basis.

Employment Protection

For both employer and helper
1. Under what circumstances can a helper make a claim for remedies against his/her employer for unreasonable dismissal?
  - The part on Employment Protection of the Employment Ordinance (the Ordinance) aims at discouraging employers from dismissing their employees in order to evade their liabilities under the Ordinance.
  - A helper may claim for remedies for unreasonable dismissal under the following circumstances:
    - he/she has been employed continuously for not less than 24 months; and
    - he/she is dismissed other than for a valid reason as specified in the Ordinance.
2. What are the valid reasons for dismissal?
  Under the Ordinance, the 5 valid reasons for dismissal are relating to :
  - the conduct of the helper;
  - the capability or qualifications of the helper for performing his/her work;
  - redundancy or other genuine operational requirements of the employer;
  - statutory requirements; or
  - other substantial reasons.
3. Under what circumstances can a helper make a claim for remedies against his/her employer for unreasonable and unlawful dismissal?
  A helper may claim for remedies for unreasonable and unlawful dismissal under the following circumstances:
  - he/she is dismissed other than for a valid reason as specified in the Ordinance; and
  - the dismissal is in contravention of the law.
4. Under what circumstances does a dismissal contravene the law?
  Dismissal in the following circumstances contravenes the law :
  - dismissal of a female helper who has been confirmed pregnant and has served a notice of pregnancy;
  - dismissal whilst a helper is on paid sick leave;
  - dismissal by reason of a helper's giving of evidence or information in any proceedings or inquiry in connection with the enforcement of the Ordinance or work accidents;
  - dismissal for joining trade union membership or union activities; or
  - dismissal of an injured helper before the parties concerned have entered into an agreement for employee's compensation or before the issue of a certificate of assessment.
5. What are the remedies for Employment Protection?
  Remedies for Employment Protection, to be awarded by the Labour Tribunal, include an order of reinstatement or re-engagement, an award of terminal payments and an award of compensation.

Free Return Passage and Food and Travelling Allowance

For employer
1. Should I pay for my helper's return passage upon completion or termination of the contract? What other points should I pay attention to?
  Yes. Under the standard employment contract, you should provide your helper with free return passage to his/her place of origin upon completion or termination of the contract. You are advised to provide an air ticket (including basic checked luggage) to your helper instead of giving cash equivalent to the value of an air ticket so as to reduce the chance that the helper departs for neighbouring places other than his/her place of origin after receiving the payment.
  
  Besides, to ensure that both parties have sufficient and reasonable time to handle matters related to contract completion or termination, you are advised to confirm the departure arrangement with your helper (such as departure date, destination, etc.) before buying the air ticket.
2. How much should I pay for my helper's food and travelling allowance under the employment contract?
  It depends on the time that your helper takes from Hong Kong back to his/ her place of origin. The employment contract stipulates that the daily food and travelling allowance is HK$100 per day. If you do not provide an air ticket with the most direct route to your helper's place of origin, you may need to pay a higher daily food and travelling allowance due to additional travelling days.
For helper
1. Is my employer responsible for paying my passage back to my place of origin upon completion or termination of the contract?
  Yes. According to the standard employment contract, your employer shall provide you with free return passage to your place of origin upon completion or termination of the contract. The employer usually provides you with an air ticket for the return to your place of origin, and a daily food and travelling allowance of HK$100 per day when you return to your place of origin.

Enquiries and Complaints

For both employer and helper
1. Where can we seek further advice or assistance regarding the employment contract or the Employment Ordinance?
  You can:
  - call the Labour Department 24-hour Telephone Enquiry Service (handled by “1823”) at
    - 2717 1771
    - 2157 9537 (Dedicated hotline for the helpers);
  - approach the branch offices of the Labour Relations Division of the Labour Department;
  - make reference to the booklet “A Concise Guide to the Employment Ordinance” which sets out briefly the main provisions of the Ordinance. The booklet is available at the branch offices of the Labour Relations Division of the Labour Department or can be downloaded from the Labour Department homepage (www.labour.gov.hk).
2. What services are provided by the Labour Department if I have disputes regarding the employment contracts or the provisions in the Employment Ordinance with my helper/employer?
  - If you have problems or claims arising out of the employment contract or provisions under the Employment Ordinance which cannot be settled on your own, you can approach the Labour Relations Division for assistance.
  - The Labour Relations Division assists employers and helpers to resolve their labour disputes through the provision of free conciliation service. The conciliation officer will facilitate the employer and helper to reach a mutually acceptable settlement. If no settlement is reached and at the request of the 33 party concerned, the claims will be referred, depending on the claim amount, to either the Labour Tribunal or Minor Employment Claims Adjudication Board for adjudication.
  - If an employer cannot pay the wages in arrears or other payments on account of bankruptcy, the helper will be referred to the Legal Aid Department for assistance, and to the Wage Security Division for making an application for ex gratia payment from the Protection of Wages on Insolvency Fund.
3. Is an employer liable to prosecution for defaulting payment of an award of the Labour Tribunal or Minor Employment Claims Adjudication Board?
  An employer who wilfully and without reasonable excuse fails to pay an award of the Labour Tribunal or Minor Employment Claims Adjudication Board within 14,days after the date on which the sum is payable, is liable to prosecution and, upon conviction, to a maximum fine of $350,000 and to imprisonment for 3 years.