How to Terminate a Domestic Helper Contract in Hong Kong

1. The Two Ways to End a Helper Contract

Clause 10 of ID 407 allows either party to terminate the contract with not less than 1 month's written notice or 1 month's wages in lieu. This is the normal route and does not require the employer to prove serious misconduct, although other legal protections against unlawful dismissal still apply.

2. Reasons for Termination and Protected Situations

Common no-fault reasons include relocation, financial difficulty, changed care needs, a breakdown in communication, or performance that does not meet expectations. Give notice or pay in lieu unless a narrowly defined lawful exception applies.

• Document the actual termination date and whether notice will be worked or paid in lieu.
• Do not dismiss because of pregnancy, maternity leave, paid sick leave, a work injury claim, trade-union activity, or the employee giving evidence in proceedings where statutory protection applies.
• Illness does not automatically justify dismissal. Restrictions on dismissal during paid sickness days and disability-discrimination duties may apply.
• If the employer dies, the practical and legal outcome depends on the circumstances; the estate or family should seek Labour Department and Immigration Department guidance rather than assume every obligation disappears.

3. Summary Dismissal Is an Exceptional Measure

Section 9 permits dismissal without notice or payment in lieu where an employee, in relation to employment, wilfully disobeys a lawful and reasonable order, misconducts themselves inconsistently with faithful discharge of duties, is guilty of fraud or dishonesty, or is habitually neglectful in duties. The conduct and evidence must justify this serious step.

4. Step-by-Step Termination Process

1. 1

   Check the contract and legal protections

   Confirm the intended last day, notice arrangement, and whether any protected situation or disputed misconduct is involved.

2. 2

   Give written termination notice

   State the notice date, final working day, and whether any part of the notice period is replaced by payment. Keep proof of delivery.

3. 3

   Calculate each final entitlement

   Prepare an itemised statement covering wages, notice pay, leave pay, statutory payments, food allowance, passage, and travel allowance as applicable.

4. 4

   Arrange return passage

   Agree practical travel details and provide the contractual passage and food and travelling allowance unless authoritative advice confirms a different result.

5. 5

   Pay on time and keep receipts

   Most sums due on termination must be paid as soon as practicable and in any event within 7 days; severance payment has its own claim and payment procedure.

6. 6

   Notify Immigration within 7 days

   Employer and helper must each notify the Director of Immigration in writing. The online service or ID407E may be used.

7. 7

   Close out records

   Give the helper copies of the notice, itemised settlement, receipts, travel details, and Immigration notification evidence.

5. Final Settlement: What May Be Payable

6. Severance and Long Service Payment

Severance payment

A helper generally needs at least 24 months' continuous employment and must be dismissed by reason of redundancy or laid off. A written claim is normally required within 3 months after dismissal or lay-off, subject to statutory extension rules. Payment is not triggered by every employer-initiated termination.

Long service payment

A helper generally needs at least 5 years' continuous employment and must fall within a qualifying situation, such as dismissal other than by reason of serious misconduct or redundancy, expiry without renewal, death in service, resignation on certified ill health, or resignation at age 65 or above. A helper who simply resigns for another reason is not automatically entitled.

After a valid written severance claim, the employer should pay within 2 months of receiving the claim. Long service payment is generally due within 7 days after termination. These procedures and deadlines are separate from the basic eligibility tests.

Foreign domestic helpers are excluded from the Mandatory Provident Fund system, so the abolition of MPF offsetting from 1 May 2025 does not normally change an FDH calculation.

7. Return Airfare and Travel Allowance

ID 407 requires the employer to provide free return passage to the helper's place of origin on termination or expiry, together with HK$100 per day for food and travelling expenses during the journey. The Labour Department recommends providing an air ticket with basic checked baggage rather than cash, and agreeing the itinerary in advance.

• Choose the most direct route unless both parties agree otherwise.
• Allow enough time after the last working day to complete payment and departure arrangements.
• Record any mutually agreed cash arrangement and evidence that it reasonably covers the required passage.
• Check airline baggage terms and any current origin-country requirements; do not present 20 kg or 30 kg as a universal Hong Kong statutory allowance.

8. Notify the Immigration Department Within 7 Days

Clause 12 of ID 407 requires both employer and helper to notify the Director of Immigration in writing within 7 days of termination. Each party should submit their own notification and retain confirmation.

• GovHK — Online notification of premature termination of an FDH contract
• Immigration Department — Form ID407E

Use the exact termination date. Immigration may consider the circumstances of premature termination when assessing later applications, so either party may provide relevant supporting information.

9. The Two-Week Rule and Changing Employer

After premature termination, a helper is normally permitted to remain in Hong Kong for 2 weeks from the termination date or for the balance of the permitted stay, whichever is shorter. The period is for departure arrangements; it is not an automatic extension and does not itself authorise work for anyone else.

As a general policy, a helper seeking a new employer after an incomplete contract must return to the place of origin and submit a new employment-visa application. Immigration may approve a change without requiring return in exceptional circumstances, including the employer's transfer, migration, death or financial reasons, or evidence that the helper was abused or exploited. Approval is discretionary: finding a new employer within 2 weeks does not guarantee a transfer.

10. Seven Mistakes to Avoid

• Using summary dismissal to avoid the cost of notice without evidence meeting Section 9.
• Using a simplified settlement formula without checking statutory average wages.
• Assuming every unused leave day or holiday is treated the same regardless of service and termination circumstances.
• Missing the separate 7-day Immigration notification duties.
• Providing a ticket or cash amount without agreeing the route, date, and reasonable baggage.
• Assuming the helper can automatically change employer during the 2-week period.
• Withholding wages or documents as leverage in a dispute.

11. Hiring a Replacement

You may begin searching once your needs are clear, but a candidate already in Hong Kong can start only after Immigration approves the new employment visa. Check why the candidate is available rather than relying on labels such as “transfer helper.”

• Confirm current contract and immigration status.
• Ask directly and respectfully why the previous employment ended.
• Verify identity, experience, references, and required documents.
• Do not let the candidate work before the new visa is approved.
• Use a licensed employment agency where agency services are required. SeekHelpers licence: EA 82832.

Pre-Departure Checklist

• Written notice delivered and final working day confirmed
• Itemised settlement reviewed against current Labour Department guidance
• Outstanding wages and notice pay settled where applicable
• Annual leave, holiday pay, and food allowance checked
• Severance or long service eligibility assessed
• Return passage and HK$100-per-day journey allowance arranged
• Receipts and document copies provided to both parties
• Employer and helper each notified Immigration within 7 days
• Personal belongings, keys, and access cards returned
• Departure or approved change-of-employer arrangements confirmed

Official Sources and Related Guides

• Immigration Department — Standard Employment Contract terms (ID 407)
• Hong Kong e-Legislation — Employment Ordinance (Cap. 57)
• Immigration Department — Foreign domestic helper FAQs
• Labour Department — Practical Guide for Employment of FDHs
• Labour Department — Severance and long service payment
• Domestic helper notice period guide
• Domestic helper salary guide
• Annual leave guide
• Contract renewal and termination guide
• How to find a domestic helper