What Are My Rights After My Employer Terminates My Contract?

What Are My Rights After My Employer Terminates My Contract?

Illegal Termination

• You are on paid sick leave.

• You are injured.

• You are pregnant.

• You belong to or have joined a trade union.

Contract Termination

1. 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.

2. 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

3. 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