Following is a question by the Hon Tommy Chung and a reply by the Secretary for Labour and Welfare, Mr Chris Sun, in the Legislative Council today (October 14):

Question:

     There are views relaying that given the lack of flexibility in the existing Standard Employment Contract and supporting policies, employers of foreign domestic helpers (FDHs) are facing a number of problems. In this connection, will the Government inform this Council:

(1) whether it will study introducing a statutory probation period (e.g. two to three months) in the employment contracts of FDHs, reviewing the arrangement under which employers are required to provide free passage so that FDHs have to pay for their airfares in proportion to their length of service, and limiting the agency fees charged for re-hiring to a specific percentage of the amount paid for initial hiring so as to protect the rights and interests of employers; if so, of the details; if not, the reasons for that;

(2) whether it will formulate in collaboration with the Equal Opportunities Commission the practical guidelines on compliant departure and contract termination targeting FDHs to provide objective medical assessment standards and standard mediation procedures for situations where FDHs are unable to perform duties due to serious illness or other reasons; if so, of the details; if not, the reasons for that; and

(3) whether it will amend the legislation to stipulate that FDHs who are dismissed upon conviction for criminal offences will immediately forfeit their eligibility to any statutory compensation, payment in lieu of notice and passage allowance, while the Immigration Department will also prohibit them from coming to Hong Kong to work again; if so, of the details; if not, the reasons for that?

Reply:

President,

     The Government attaches great importance to the reasonable rights and interests of both foreign domestic helpers (FDHs) and employers, and is committed to balancing the concerns and interests of both parties, while maintaining Hong Kong as an attractive work destination for a sufficient number of FDHs, so as to meet the community's increasing domestic care needs. Having consulted the Immigration Department (ImmD) and the Equal Opportunities Commission (EOC), my reply to the question is as follows:

(1) Under the Standard Employment Contract (SEC) for employing FDHs, either party may terminate the employment contract by giving the other party not less than one month's notice in writing, or paying one month's wages in lieu of notice. If an FDH wilfully disobeys a lawful and reasonable order, misconducts himself/herself, is guilty of fraud or dishonesty, or is habitually neglectful in his/her duties, the employer may also summarily dismiss the FDH under the Employment Ordinance (Cap. 57) (EO) without notice or payment in lieu of notice. Therefore, under the existing arrangements, employers may already terminate employment contracts in accordance with the EO and the terms of the SEC where necessary. The Government considers that there is no need to introduce into the SEC an additional provision prescribing a probationary period.

     The SEC also provides that the employer shall be responsible for the FDH's passage for returning to his/her place of origin upon termination or expiry of the contract. This arrangement is one of the necessary conditions for allowing employers to recruit domestic helpers from overseas to work in Hong Kong. Its purpose is to ensure that FDHs who come to Hong Kong will not be left stranded in Hong Kong due to a lack of means for travel, thereby avoiding potential public order and other social problems. Other labour importation schemes also require employers to bear the same responsibility. The Government has no plan to amend this requirement.

     At present, employers may hire FDHs through employment agencies (EAs) or on their own. The fees charged by EAs depend on their scope of services and their agreements with employers. These are a matter of market practice, and it is not appropriate for the Government to prescribe the mode and level of relevant fees. To strengthen the protection of the rights and interests of FDH employers as consumers, the Labour Department (LD) revised the Code of Practice for Employment Agencies in May 2024, requiring EAs to clearly state whether, if an FDH prematurely terminates the contract, they will provide a refund, a replacement FDH or other arrangements, and whether additional fees will be charged, with a view to enhancing the transparency of charging and service arrangements and enabling employers to make informed decisions when choosing EAs. EAs breaching the Code of Practice for Employment Agencies may be subject to disciplinary actions by the LD.

(2) The EOC has formulated the Code of Practice on Employment under the Disability Discrimination Ordinance, which provides practical guidance for employers and employees in all types of occupations (including FDHs and their employers), explaining how to prevent disability discrimination in the workplace and how to effectively implement the Disability Discrimination Ordinance (Cap. 487) (DDO) in the workplace. Upon receipt of a complaint of disability discrimination, the EOC will handle it in accordance with the established procedures, which include, with the consent of the parties concerned and having regard to all relevant information, assisting FDHs and their employers to clarify the issues in dispute and reach a settlement through conciliation.

     Under the DDO, it is unlawful for an employer to discriminate against or dismiss an employee on the ground of the employee's disability. Nevertheless, the law does not stipulate that employers are prohibited from dismissing the employees concerned under all circumstances. An exception may apply if the employer can present objective evidence to prove that the employee concerned is unable to perform the inherent requirements of the job due to the employee's disability. If an employee is still able to perform the inherent requirements of the job, but requires adjustments to the working arrangements, the employer may consider providing appropriate accommodation having regard to the specific circumstances of the case. Such accommodation may include flexible working arrangements to allow the sick employee to attend medical appointments, take rest, etc. An exception under the DDO may also apply if the accommodation required would impose an unjustifiable hardship on the employer.

     The Government encourages employers and FDHs to make reference to the Code of Practice on Employment under the Disability Discrimination Ordinance and work together to foster a mutually beneficial work environment for both parties.

(3) As there are many types of criminal offences and their severity varies, they cannot be generalised. However, as I have just mentioned, if an FDH, in relation to his/her employment, is guilty of fraud or dishonesty, for example, where he/she is convicted by the court of stealing property from the employer's home, the EO currently already provides that the employer may summarily dismiss the FDH without notice or payment in lieu of notice. However, the employer is still required to provide the FDH with return passage to his/her place of origin. This arrangement is one of the necessary conditions for allowing employers to recruit domestic helpers from overseas to work in Hong Kong, and is intended to ensure that FDHs who come to Hong Kong will not be left stranded in Hong Kong due to a lack of means for travel.

     The ImmD has all along been assessing employment visa applications from FDHs in a rigorous manner, and will consider each application having regard to its individual circumstances. An FDH must meet the eligibility criteria set out in the Guidebook for the Employment of Domestic Helpers from Abroad, including having no known record to the detriment of him/her, and must also meet the normal immigration requirements, such as being of clear criminal record, before his/her application will be considered for approval. If an FDH has any adverse record or has committed any breach, the ImmD will normally refuse his/her application.

Ends/Wednesday, October 14, 2026
Issued at HKT 12:33

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