Ending a domestic-helper contract: deadlines and final-payment checklist

If either you or your foreign domestic helper needs to end a Standard Employment Contract, start with the real contract and employment dates. The steps are not simply an agency process: they can involve notice, final employment entitlements, an Immigration notification and travel arrangements.

This is general information, not legal or immigration advice. Where the reason for termination, the amount due or the helper's immigration position is unclear, ask the Labour Department, Immigration Department or a qualified adviser before signing a settlement or arranging travel.

First, record how and when employment will end

Other than at normal completion, either party may terminate the contract with one month's written notice or one month's wages in lieu of notice. The Labour Department states this in its employer guidance. ↗ Do not describe an early end as normal completion or alter dates to fit a different process.

Put the actual last employment date and the reason given by each party in writing. Keep copies of the contract, notice, correspondence, wage records, annual-leave record and any agreed final-payment receipt.

Notify Immigration within seven days

When an FDH contract ends, both the employer and helper must notify the Director of Immigration in writing within seven days of the termination date. Immigration says this can be done with Form ID 407E or a letter. ↗ The notification should use the real termination date; it is not a tool for changing the employment or immigration outcome.

Ask for a copy or acknowledgement of the other party's notification where possible. A separate Immigration application may be needed if the helper seeks a new employment arrangement or an extension of stay.

Check the final payments before signing a receipt

The amounts and items due depend on the facts. The Labour Department says termination payments usually include ↗:

• outstanding wages;
• payment in lieu of notice, if applicable;
• payment for untaken annual leave and, where applicable, pro-rata annual-leave pay;
• severance payment or long-service payment, where the statutory conditions are met; and
• other sums due under the contract, such as return passage and food and travelling allowances.

Do not assume severance or long-service payment is due in every case. The Labour Department sets different eligibility conditions, including continuous-service and termination-reason requirements; a helper can receive only one of those two payments at a time. Read the current conditions and use the Department's employment-entitlements tools before calculating a disputed amount. ↗

Arrange return passage and the immigration position separately

On completion or termination, the Standard Employment Contract requires the employer to provide free return passage to the helper's place of origin. The Labour Department advises confirming the departure date and destination before buying the ticket. ↗

Immigration states that an FDH must leave Hong Kong upon completion of the contract or within two weeks after premature termination, whichever is earlier, unless Immigration grants relevant permission or an extension. Check Immigration's current termination guidance. ↗ Do not promise a new employer, agency or helper that a new role can start before the relevant Immigration application is approved.

Practical checklist

• Confirm the contractual expiry date and the actual last employment date.
• Give or receive written notice, or document any payment in lieu of notice.
• Prepare a factual list of outstanding wages, leave, contract sums and any conditional statutory entitlement.
• Confirm return-passage and food/travelling arrangements in writing.
• Submit ID 407E or written Immigration notification within seven days, using the real termination date.
• Keep payment receipts and do not sign a final settlement you do not understand.
• If there is a dispute, ask the Labour Department about its consultation and conciliation services before treating the matter as resolved.

If you are considering hiring the same helper after the current employment ends, read how to hire a domestic helper you found in Hong Kong. A local-hire fee or agency quote does not itself determine whether an Immigration application can proceed.