Measures to assist foreign domestic helpers and employers to cope with COVID-19 pandemic extended
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Extension of validity period of existing contracts
The Government will continue to implement the previous measure to enable employers to extend the validity period of the existing contracts with their outgoing FDHs. For all FDH contracts that will expire on or before September 30, 2021, the Commissioner for Labour has given in-principle consent for extending the employment period stated in Clause 2 of the Standard Employment Contract for a maximum period of three months, on the basis that such variation is agreed upon by both the employer and the FDH. However, applications for further extension of those contracts which have already been extended under the previous flexibility arrangements including that announced on March 29, 2021, will not be considered.
If a newly hired FDH cannot be arranged to come to Hong Kong within the three-month extended period and the employer needs to continue to employ his/her FDH beyond the three-month extended period, the employer should apply for a contract renewal with the existing FDH. It is an employer's duty to make advance preparations to arrange for their newly hired FDHs to come to Hong Kong within the three-month extended period of employment of their existing FDHs and/or arrange for contract renewal with their existing FDHs.
Deferral of return to the place of origin
Under the prevailing mechanism, an FDH on a renewed contract with the same employer, or due to start a new contract with a new employer upon the expiry of an existing contract, may apply to the Immigration Department (ImmD) for deferring return to the place of origin for not more than one year after the existing contract ends, subject to agreement of his/her current employer or new employer.
In view of the COVID-19 pandemic, the Government will further extend the relevant flexibility arrangement announced on December 30, 2020. If an FDH is unable to return to his/her place of origin within the aforementioned one-year period, he/she may, upon agreement with his/her employer, apply to the ImmD for a further extension of limit of stay until the end of his/her contract such that he/she may return to the place of origin within that period.
The Government reminds employers and FDHs that the above flexibility arrangement must be mutually agreed between the employer and the FDH, and that the requirement that FDHs should return to their place of origin continues to be in place. Employers should arrange for their FDHs to return to the place of origin within the extended limit of stay.
The Government will continue to closely monitor the situations and review the above measures and flexibility arrangements as and when necessary.
To tie in with the disease prevention measures and reduce the flow of people, the Government appeals to members of the public to make use of the ImmD's dedicated "Online Services for Foreign Domestic Helpers" webpage at www.immd.gov.hk/fdh or the ImmD mobile application to submit visa applications for FDHs, notification of premature termination of employment contract, etc. through online means. The ImmD has introduced the Smart Renewal service that enables persons who submit online applications for visas for further employment of FDHs (i.e. contract renewal, completion of remaining period of current contract, or deferral of return to the place of origin in accordance with the aforementioned flexibility arrangement) to, upon approval of their applications, pay the visa fee through various means and collect the visas by post, so as to spare them the need to attend an office of the ImmD for going through the formalities, which is both convenient and time-saving while reducing travelling and contributing to the efforts to fight the virus together. To access the above dedicated webpage or download the ImmD mobile application, please scan the QR codes (see Annex).
For enquiries on employment rights and benefits, please contact the LD at the dedicated FDH hotline at 2157 9537 (manned by 1823) or by email to fdh-enquiry@labour.gov.hk. The dedicated FDH Portal (www.fdh.labour.gov.hk) set up by the LD also provides information and useful links relating to the employment of FDHs. For enquiries on FDH visa applications, please contact the ImmD by calling the enquiry hotline at 2824 6111 or by sending email to enquiry@immd.gov.hk.
Ends/Monday, June 28, 2021
Issued at HKT 17:00
Issued at HKT 17:00
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