On this website you will find the admission criteria, application procedures and points for people who wish to employ a domestic help from abroad (help). The long-term service payment is applicable if the domestic helper has been working for you for at least 5 years and falls into 1 of these situations: the execution of the employment contract does not mean that the help will necessarily be granted a work visa for the HKSAR or that he will be allowed to stay for the entire duration of the employment contract. Clause 11: The employer may terminate the contract without notice or payment if the caregiver in connection with his employment: Under normal circumstances, after the conclusion of the contract, the caregiver must return to his place of origin and apply for a visa to return to the HKSAR to start the new contract. If the circumstances do not allow the carer to return to his or her place of origin after the expiry of the old contract by mutual agreement of the employer and the carer immediately after the expiry of the old contract, the carer may request an extension of the stay so that he or she can postpone the leave. The caregiver and employer complete the relevant parts of ID 988A and ID 988B respectively and submit them to the Director of Immigration for review. Employers and aides must notify the Director of Immigration if the employer`s home address listed in the employment contract is no longer valid or if the accommodation schedule and domestic duties of the employment contract changes by completing Form ID 407G. The standard employment contract (ID 407) is the only acceptable contract for the Immigration Department, the HKSAR government, when an employer submits an application to hire a domestic helper from abroad. This Agreement shall be governed by the laws of Hong Kong, in particular the Labour Ordinance (Chapter 57), the Immigration Ordinance (Chapter 115) and the Workers` Compensation Ordinance (Chapter 282). Sometimes you need to apply for 2 visas, 1 for entry and the other for extension of stay if you want to extend the employment contract of the same domestic worker. Indeed, according to the employment contract, your employee is entitled to home leave after the end of the 2-year contract. The entry visa is valid at any time if you want to extend the contract of your domestic workers, but only if you cannot immediately give your domestic help his vacation, you will have to apply for the visa for the extension of stay.
See also: Domestic employment contract and extension of employment visa The contract is limited to 2 years (section 2). It may be terminated by either party with 1 month`s notice (clause 10). It cannot be extended: at the end of the contract, the employer and the carer who agree to continue the employment relationship must sign and submit a new contract (paragraph 13). Upon request, the Director of Immigration may grant an extension of residence of up to one year against payment of a renewal fee. A further extension of the stay for the duration of the contract is not allowed. Therefore, arrangements should be made for the carer to return to his or her place of origin for a holiday during the one-year extension period and for the carer to use the visa (with exemption from visa fees and with validity in accordance with the extended stay granted) to enter the HKSAR in order to conclude the contract. If the validity of the carer`s passport is less than the duration of the employment contract, a shorter period of stay corresponding to the validity of the passport may be granted upon the arrival of the carer or the request for an extension of the contract by the carer. After the extension of the carer`s passport, an extension of stay should be requested for the termination of the remaining duration of the current contract, provided that the employer confirms that he continues to work for the carer.
The employment contract clearly defines the permitted obligations, living conditions, minimum wage and other labour law regulations. The employment contract is relatively simple, as you can only use the standard employment contract of the Hong Kong Immigration Department. It is not necessary for an employer to establish its own contract and conditions. Each contract consists of 4 copies and all these must be completed. Copies are sent to: the domestic helper, the employer, the sending consulate and the immigration office. You can get the original copies of the standard domestic help employment contract at 2/f of the immigration storm in Wan Chai. The employment contract stipulates that a foreign domestic helper lives at the employer`s address where she also works (Article 3). The employer must ensure that free „adequate housing and privacy“ is provided as a residential arrangement (section 5b), but it does not clearly define what exactly the government means by „adequate“, particularly with respect to the size of the room as well as its location in the apartment. That is, according to the standard employment contract, domestic workers should not sleep in the same room as a person of the opposite sex, unless they are children (note: they cannot be teenagers). At HelperChoice, we also advise employers to provide a room whose sole purpose is accommodation, which means that the room does not include a washing machine, for example. It is also better to have air conditioning in this room so that it is not too hot in the summer.
See also: The legal consequences of a domestic helper working in Hong Kong Aid is usually allowed for a period of two years or up to two weeks after the termination of the contract, whichever comes first. Any violation of clauses 3, 4 (a), 4 (b) and 5 (a) of the Agreement constitutes a breach of the obligation to the Government of the HKSAR. The consequences of a breach of obligation can be found in the „Declaration of Commitment“ section. Applications to renew a contract with the same employer by mail, without an appointment or by online filing are usually completed within 10 business days of receipt of all required documents. An employer is generally not considered to be allowed to employ an assistant for a certain period of time during which he or she has violated/been convicted of any of the following violations/offenses: The request for a change of employer can be made by the assistant within four weeks before the end of the contract. A letter of discharge from the current employer indicating the expiry or termination date of the contract is required. The visa application that allows the caregiver to return to the HKSAR to take a job with a new employer can be made, but the caregiver must return to their place of origin during their period of stay before returning to the HKSAR to work under the new contract….