Foreign Domestic Helper Leaves After One Month? Employer Responsibilities, Resignation Procedures & Protection Strategies
Recently, a Hong Kong employer shared their experience of hiring a foreign domestic helper who, after working for about a month, requested to return to the Philippines due to family issues. The helper claimed they would return later to continue working. The employer agreed and covered the airfare, only for the helper to go missing upon arrival in the Philippines. Later, the employment agency informed the employer that the airfare was their responsibility, leading to confusion and heated discussions. We have analyzed this situation to help employers understand their legal responsibilities, resignation procedures, and protection strategies.
Key Issues in This Case
l The helper did not formally resign but only stated they were returning home temporarily. Is the employer required to cover airfare?
l The helper went missing after leaving Hong Kong—how should the employer handle the employment contract?
l If the helper ultimately decides not to return, can the employer claim compensation for the notice period or recover airfare costs?
l Is the employment agency responsible for assisting the employer in this case?
Legal Analysis: Employer’s Responsibilities Under Hong Kong Law
Airfare Responsibilities
According to the Employment Ordinance and the Standard Employment Contract for foreign domestic helpers:
Employers must cover the cost of a one-way ticket back to the helper’s home country if the contract is completed or lawfully terminated by either party.
If the helper leaves without submitting a formal resignation letter, the employer is not obligated to pay for the airfare.
Resignation Procedures
A foreign domestic helper who wants to resign must provide a written resignation notice at least one month in advance. If they wish to leave immediately, they must compensate the employer with one month’s salary in lieu of notice.
In this case, the helper left without a written resignation letter, meaning the resignation procedure was incomplete.
Reporting a Missing Helper
If a foreign domestic helper goes missing, the employer should:
l Immediately report the situation to the Hong Kong Immigration Department.
l File a police report for official documentation.
l Notify the Labour Department to explore options for recovering unpaid compensation.
Advice for Employers
Immediate Actions to Take
l Report the helper as missing to immigration department and the police to ensure legal compliance.
l Keep records of all communications (WhatsApp messages, emails, phone logs) as proof of attempted contact.
l Consult the Labour Department to determine how to claim compensation for the notice period.
Confirm the Helper’s Final Decision
l Try to contact the helper via the employment agency or other means to confirm if they intend to return.
l If they choose not to return, request an official resignation letter to complete the resignation process.
l If resignation is confirmed, claim the one-month salary in lieu of notice as compensation.
Airfare Payment Process
l Only provide airfare reimbursement once the resignation procedure is properly completed.
l This means collecting the resignation letter and the one-month salary in lieu of notice before covering flight costs.
l Failure to complete this process means the employer is not legally required to pay for airfare.
Employment Agency Responsibilities
If the agency provides misleading information or refuses to assist, employers may consider filing a complaint with the Consumer Council or relevant labor authorities.
Strengthening Employer Protection
l Choose an insurance plan that covers additional costs if the foreign domestic helper resigns shortly after employment, such as re-hiring fees.
l Work with reputable agencies that offer a free replacement service within six months to minimize financial losses.
Conclusion
The core issue in this case is that the foreign domestic helper left without formally resigning. As a result, the employer is not obligated to pay for their airfare unless the resignation procedure is completed properly.
To avoid similar situations, employers should always ensure that resignation procedures are fully completed before processing any payments. By selecting comprehensive domestic helper insurance plans and partnering with trusted employment agencies, employers can reduce risks and protect their financial interests.
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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use
