The standard notice period for a domestic helper contract in Hong Kong is 1 calendar month, or 1 month's wages in lieu of notice (payment instead of working out the notice). Either party — employer or helper — can use this clause. After the contract ends, the helper must leave Hong Kong within 2 weeks under ImmD rules unless a new contract is signed.
1 month
Standard Notice Period (ID407)
HK$5,100+
Payment in Lieu of Notice (min.)
2 weeks
To Leave HK After Contract Ends
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
⚠️ Employers frequently abuse summary dismissal as a pretext. Using misconduct as a pretext to avoid the 1-month notice cost — when the real reason is performance dissatisfaction — is illegal and may result in Labour Tribunal claims for wrongful dismissal. Always document genuine misconduct carefully and seek legal advice if unsure.
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.
Timeline interaction example: If the employer gives 1 month's written notice on 1 August, the last working day is 31 August. The helper then has until 14 September to leave HK, sign a new contract (for a transfer), or have a new visa processed. Planning the transition carefully is important — especially for popular helpers who may be interviewing new employers during their 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).
Sources: Standard Employment Contract ID407 — www.immd.gov.hkPlanning a helper transition? SeekHelpers (EA 82832) can match you with a verified replacement before your current contract ends — avoiding gaps in household support.
Frequently Asked Questions
Clear answers to the questions employers ask most about this topic.
What is the notice period for a domestic helper contract in Hong Kong?
The Standard Employment Contract for foreign domestic helpers (Form ID407) requires 1 calendar month's written notice from either party to terminate the contract. Alternatively, either party may pay 1 month's wages in lieu of notice (currently minimum HK$5,100 at the 2026 MAW) to end the contract immediately. The food allowance (HK$1,236) is also payable during any notice period worked.
Can an employer terminate a domestic helper without notice?
Summary (immediate) termination without notice is permitted only in cases of serious misconduct under the Employment Ordinance: wilful disobedience, fraud, dishonesty, habitual neglect of duties, or serious illness preventing performance. Using misconduct as a pretext for termination that is actually performance-based can result in wrongful dismissal claims at the Labour Tribunal. Always document genuine misconduct carefully.
What does the employer owe the helper when the contract ends?
At contract end (whether by notice, expiry, or payment in lieu), the employer must pay: (1) all outstanding wages to the termination date; (2) payment for accrued but untaken annual leave; (3) return air ticket to the helper's home country; (4) Severance Pay if the helper is dismissed without cause and has 2+ years of continuous service; (5) Long Service Payment if the helper has 5+ years of service and leaves for non-misconduct reasons.
What is the 2-week rule after a domestic helper contract ends?
The Immigration Department's 2-week rule requires that a domestic helper whose contract ends must leave Hong Kong within 2 weeks of the contract end date, unless she signs a new employment contract with a new employer (transfer hire) and a visa application is submitted within that window. This is an immigration condition separate from the Employment Ordinance notice period. Planning the timing of termination and transfer is important.
Does a domestic helper get a return flight when the contract ends?
Yes. The Standard Employment Contract (ID407) requires the employer to provide a return air ticket to the helper's home country at the end of the contract — whether the contract ends naturally at 2 years, or is terminated early by either party. The only exception is termination for serious misconduct. The ticket must be to the helper's home country (Philippines, Indonesia, etc.), not just to the nearest airport.
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