Domestic Helper Notice Period Hong Kong — How Much Notice Is Required?

The Notice Period in the Standard FDH Contract

The Standard Employment Contract for foreign domestic helpers (Form ID407) — the only legally recognised employment contract for FDH in Hong Kong — specifies that either party may terminate the contract by giving not less than 1 calendar month's notice in writing, or by paying 1 month's wages in lieu of notice.

• Notice period: 1 full calendar month
• Notice must be in writing
• Payment in lieu: 1 month's wages (minimum HK$5,100 at 2026 MAW)
• Either party can initiate termination
• The food allowance (HK$1,236) is payable during the notice period

Employer-Initiated Termination

If the employer wishes to end the contract before its 2-year expiry, they must give 1 month's written notice or pay 1 month's salary in lieu. The employer must also:

• Pay all outstanding wages up to the date of termination (including notice period pay)
• Pay for unused annual leave days
• Provide a return air ticket to the helper's home country (Philippines, Indonesia, etc.) if the helper does not find a new employer
• Give a written release letter if the helper intends to transfer to a new employer
• Settle any outstanding claims (food allowance, overtime, statutory holidays)

Helper-Initiated Termination

A domestic helper can also give 1 month's notice to end the contract — for any reason. In practice, a helper who has found a new employer may ask the current employer for a release letter and early release to start the transfer process before the 2-week Immigration deadline.

Summary Dismissal — When 1 Month Notice Is Not Required

The Standard Employment Contract allows for summary (immediate) termination — without notice — in cases of serious misconduct. The Employment Ordinance sets out specific grounds:

• Wilful disobedience of a lawful and reasonable order
• Misconduct such that it would be unreasonable to require the employer to continue the employment
• Fraud or dishonesty
• Habitual neglect of duties
• Serious illness certified by a registered medical practitioner that prevents the helper from fulfilling duties

The 2-Week Immigration Rule After Termination

When a domestic helper's contract ends in Hong Kong — for any reason — the ImmD requires her to leave Hong Kong within 2 weeks unless she has signed a new employment contract with a new employer and a new visa application has been submitted. This is the '2-week rule' — a separate condition from the Employment Ordinance notice period.

Notice Period and the 2-Year Contract

If neither party gives notice, the contract automatically expires at the 2-year mark. At that point, the employer and helper can either: (1) sign a new 2-year contract (renewal), or (2) let the contract expire and end the employment. In case (2), the standard end-of-contract procedures apply — no additional notice is needed if the contract is allowed to run to its natural 2-year end date, but the helper must leave or transfer within 2 weeks.

Frequently Asked Questions: Domestic Helper Notice Period

Can I terminate a helper during probation with less than 1 month notice?

The Standard Employment Contract (ID407) does not provide for a shorter probation notice period — the 1-month notice or payment in lieu applies from day one. However, within the first month of employment, if both parties agree in writing to a shorter notice arrangement, this may be possible. Always review the specific contract terms.

Does the notice period change for long-serving helpers?

The minimum notice period under the Standard Employment Contract is fixed at 1 month regardless of length of service. There is no mandatory escalation with years of service (unlike some other employment categories). However, longer-serving helpers who qualify for Long Service Payment or Severance Pay are entitled to those additional payments on top of the notice period.

What happens to annual leave during the notice period?

Any accrued but untaken annual leave at the end of the contract must be paid out. The employer can require the helper to take remaining annual leave during the notice period (effectively reducing the working days of the notice period), or pay it out at contract end. Either approach is lawful — the key is that all accrued leave is compensated.

Can I withhold the last salary if the helper does not work out the full notice?

No. Wages are an unconditional entitlement for work performed. If the employer pays 1 month's salary in lieu of notice, that payment covers the notice period even if the helper does not physically work the month. If the helper leaves without working the full notice period, the employer may (in limited circumstances) recover the shortfall — but cannot simply withhold the final salary. Seek Labour Department guidance in this situation.

Does the helper get a return flight when the contract ends normally at 2 years?

Yes. The Standard Employment Contract requires the employer to provide a return air ticket to the helper's home country at the end of the contract. This applies whether the contract ends at the natural 2-year point or is terminated early by either party (except in cases where the helper is dismissed for serious misconduct).