Q&A: "Job-hopping" among foreign domestic helper

There are many discussions on the Internet that complaining about foreign domestic helpers "job-hopping”. This article would like to share some basic information about what, why, how regarding "job-hopping" among foreign domestic helper(FDH).

Question: What is "job-hopping"?

"Job-hopping" usually refers to FDH abusing the premature termination of their employment contracts or behaving poorly intentionally to force their employers to dismiss them.

Question: What are the reasons for foreign domestic helpers' "job-hopping"?

Due to high demand of the FDH, some of the foreign domestic helpers know they could have a higher salary if they switching to new employer. There has also been rumor about licensed employment agencies enticing FDH to change employers by offering cash incentives, which further contributes to the motivation for "job-hopping."

Question: What are the procedures for changing employers for foreign domestic helper?

According to current policies, FDH need to leave Hong Kong and return to their home country within two weeks of terminating their contracts to be able to change employers. Exceptions can be made under specific circumstances, such as the employer needing to work or relocate overseas, passing away, facing financial difficulties, or if the FDH has experienced exploitation. Otherwise, the change of employer is generally not approved.

Question: What should the employer do if the foreign domestic helpers' "job-hopping" ?

According to Clause 12 of the "Standard Employment Contract", both employers and FDH must give written notice to the Immigration Department within seven days of the contract's termination date. They also need to submit a copy of the written confirmation to the Immigration Department. Both parties can use the "Notification of Termination of an Employment Contract"(ID407e) provided by the Immigration Department as a template (Download HERE). The Immigration Department will keep these records as one of the factors considered when processing subsequent applications for work visas or visa extensions by FDH. The Immigration Department has a special team responsible for reviewing visa applications from FDH suspected of "job-hopping." Therefore, providing the reason for contract termination when submitting the written confirmation copy can be considered during the review process.

Question: How to arrange the Foreign domestic helper returning to their home country?

According to Clause 7(a) of the "Standard Employment Contract," if the contract is terminated prematurely or upon completion, the employer must bear the cost of the FDH 's travel back to their home country from Hong Kong. This ensures that FDH can return to their home country smoothly without being stranded in Hong Kong due to a lack of funds. While the contract does not specify how employers should calculate this amount, the government recommends providing FDH with a non-transferable flight ticket back to their home country directly, rather than an equivalent amount of cash. This flight ticket can have a fixed date, reducing the chances of FDH overstaying in Hong Kong.

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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

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