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What Are My Rights After My Employer Terminates My Contract?
After Contract Termination: Understanding Your Rights
Being aware of your rights and the termination process is crucial. If your employer has decided to terminate your contract, they are required to inform you in writing and settle any outstanding dues.
Illegal Termination
It is illegal for your employer to terminate your contract in the following cases:
- You are on paid sick leave.
- You are injured.
- You are pregnant.
- You belong to or have joined a trade union.
※ Your employer can terminate your contract while you are on leave, as long as it is not medical-related leave.
Contract Termination
If your employer decides to terminate your contract, they need to follow these steps:
- Inform you about the termination
- They need to give you one month’s notice of the termination and provide you with a written notice.
- If your employer decides to terminate your contract without giving you one month’s notice, they are legally required to pay you a month’s salary in lieu.
- Your employer needs to download and fill in the Termination Letter *here*, which includes the date and reason for termination, and get your signature.
- They should provide three copies of the termination letter: one for you, one for themselves, and one for the Immigration Department.
- Notify the Immigration Department
- They need to notify the Immigration Department in writing within 7 days of the termination. They can notify the Immigration Department through:
- Online Notification to Immigration Department
- Send the Termination Letter by post, fax, or in-person:
- By post: Foreign Domestic Helpers Section, Immigration Department, 3/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong
- By fax: (852) 2157 9181
- In person: Receipt and Dispatch Unit, Immigration Department, 2/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong
- Ensure proper settlement
- Before parting ways, make sure that all outstanding dues are settled. As a terminated domestic helper, you are entitled to:
- Any outstanding salaries, including the current month and any owed salaries
- A month's salary if terminated without notice
- Food allowance if not provided free of charge
- Payment in lieu of untaken annual leave and pro-rata annual leave pay
- Payment in lieu of untaken holidays
- A flight ticket for repatriation
- Food and travel allowance
- Severance payment if employed for not less than 24 months and dismissed due to redundancy
- Calculation: (Monthly salary x ⅔) x Years of service
- Long service payment if employed continuously for at least 5 years and meeting specific criteria:
- Terminated for reasons other than serious misconduct or redundancy
- The employment contract concludes without renewal within a specified timeframe
- Deceases during the course of employment
- Certified by a registered medical practitioner or registered Chinese medicine practitioner as permanently unfit for the current job, leading to voluntary resignation
- Resignation by the domestic helper who is 65 years old or above
- Calculation: (Monthly salary x ⅔) x Years of service
After the termination of the contract and the notice period, you need to leave Hong Kong within 2 weeks. During those 2 weeks, you need to find a new employer while staying at your agency’s boarding house. Alternatively, you can contact NGOs in Hong Kong that may be able to provide a boarding house for you. You can refer to this list of NGOs that cater to domestic helpers in Hong Kong.
