In Hong Kong, the recruitment process of the right domestic helper can be fast or very long… If you only have a short time to hire, one of the most important information to check is the working status of each candidate. There are differences between the following terms: terminated, break contract, finished contract or from overseas. In order to gain more understanding, we have prepared the following guide.
FINISH CONTRACT- it means the worker has completed the contract for two years (the standard employment contract is effective once visa has been approved by Immigration Department). At that moment, the worker has the possibility to renew her contract to the same employer or find a new employer.
A domestic helper with a finished contract can apply for a new job. She can go for interviews and get appointed into employment without going back to her country of origin.
If you find a candidate who is already in hong kong and finishing her contract (or just finished contract), the visa processing time is only from 3 to 4 weeks . A lot of finished contract candidates are available at Asian Charm.
Termination due to relocation
With the abundance of expatriates being moved from country to country, a lot of domestic helpers are terminated due to relocation of their employer. In this specific case, the helper can find a new employer without going back to her country of origin. The visa processing time is only from 3 to 4 weeks , helpers are considered as finished contract.
Termination due to financial reasons
This happens when the family finds itself in financial trouble and can no longer afford to pay a salary of domestic helper. This could be due to the Employer who sign the contract lost a job. In this specific case, the helper can apply for work without going back to her country of origin. The visa processing time is only from 3 to 4 weeks , helpers are considered as finished contract.
Termination due to special reasons
If sadly the employer who sign the contract passed away, the end of contract will be considered as finished contract (proof must be provided). For this special reason, the visa processing time is from 3 to 4 weeks.
Break contract, by the Helper
To break a contract, the helper leaves the job. It may be due to many reasons:
- Long hour of working ( ex. working till midnight to early moing )
- often late payment of salary
- Lack of sleep. conditions due to lack of space in the apartment
- Abusing helper’s right
- Lack food is also one reason to note.
Some helpers are also breaking their contract due to personal reasons (medical emergency, family issue in her country…)
In these cases, the helper chooses to leave the job, and not prolong her contract. The helper must write her a notice period of one month or give one month of lieu with pay then she will go back to her country of origin .
An employer who wants to hire a break contract has the obligation to use an employment agency. In this case, a new immigration process is required (at least 8 weeks, average 12 weeks).
Termination of employment Contract
An employer has the right to terminate the employment contract of the domestic helper with ONE MONTH NOTICE or without notice PAYMENT IN LIEU of notice if the employee: been disobedience, misconduct, dishonesty, neglectful in his/her duties.
An employer who wants to hire a terminated contract for other reasons has the obligation to use an employment agency. In this case, a new immigration process is required (at least 8 weeks, average 12 weeks).
A lot of employers are hiring Filipino or Indonesian who are living in their country of origin. They are looking the Right Helper (time and cost are not the main criteria for them!). In this case, an employment agency must be used to notarize the employment contract. The role of the agency is to handle the visa application and assist helper to report to their own country’s consulate and apply for the Hong Kong ID. Choose carefully an employment agency to help you for immigration process (at least 14 weeks).
By law, it’s not allowed for a helper to work for a new employer until the helper\'s working visa is approved by the Immigration Department.
The Immigration Department has a very complex and thorough employment contract form for foreign workers. This appears to cover all eventualities:
- Hours of work
- A job description
- Salary offered – which may not be below the Hong Kong minimum wage
- The accommodation offered
- Medical Insurance
- Compensation would be paid
- Vacation conditions – which include public holidays, rest days and annual leave and many more factors