What Changed
- ImmD's special duties team investigated 3,303 suspected 'job-hopping' cases up to October 2026, resulting in 455 visa rejections.
- Labour Department enforces mandatory fee and service transparency under the revised May 2024 Code of Practice for Employment Agencies.
- Government confirmed statutory rights to terminate Standard Employment Contracts with one month's notice or wages in lieu under Cap. 57.
In Hong Kong SAR, the employment of foreign domestic helpers (FDHs) is governed by a mandatory legal framework designed to balance contractual stability with flexible termination rights. On November 11, 2026, the Secretary for Labour and Welfare, Mr Chris Sun, delivered a written reply to Legislative Council Question LCQ7 raised by the Hon Augustine Wong regarding the premature termination of employment contracts by FDHs. The official response clarifies statutory termination rights, immigration policies against 'job-hopping', and the regulatory standards applied to employment agencies (EAs).
### Statutory Framework for Contract Termination
Under the legal framework in Hong Kong SAR, employers who hire FDHs must enter into a two-year Standard Employment Contract (SEC). Contractual termination prior to the two-year expiry date is governed by both the SEC terms and the Employment Ordinance (Cap. 57).
Under Cap. 57 and the SEC, either party—the employer or the foreign domestic helper—holds the lawful right to terminate the employment contract prematurely. To execute a premature termination legally, the terminating party must fulfill one of two statutory options:
1. Provide one month's written notice to the other party; or
2. Pay one month's wages in lieu of notice to the other party.
While the government encourages employers and FDHs to maintain harmonious employment relationships, it acknowledges concerns surrounding premature contract terminations initiated by either party.
### Immigration Oversight and Enforcement Against 'Job-Hopping'
To prevent abuse of premature contract termination provisions, the Immigration Department (ImmD) actively monitors and combats 'job-hopping'—a practice where FDHs repeatedly terminate contracts prematurely to switch employers in Hong Kong.
Key administrative mechanisms and statistics include:
- **Special Duties Team**: Established by the ImmD in June 2013, this team specifically strengthens the assessment of employment visa applications submitted by FDHs who change employers frequently.
- **Vetting and Investigation Process**: Suspected 'job-hopping' cases are referred to the special duties team for holistic investigation. Case officers examine several factors, including the conduct of the FDH, historical records of both the helper and former employers, and reported reasons for premature termination. Case officers may directly contact former employers and applicants to verify information.
- **Enforcement Actions**: If an FDH is suspected of 'job-hopping', the ImmD will decisively reject the employment visa application and require the individual to leave Hong Kong. Furthermore, application records are retained and taken into account during future visa or extension-of-stay assessments.
- **Enforcement Statistics**: Over the three-year period leading up to October 2026, the ImmD's special duties team investigated 3,303 visa applications involving suspected 'job-hopping'. Of these, 455 applications were rejected, and 259 applications were either withdrawn by the applicant or could not be followed up.
- **Data Limitations**: The ImmD does not maintain statistical breakdowns by nationality/place of origin, nor does it track specific numbers regarding FDHs leaving without notice or their subsequent re-application rates.
### Regulation of Employment Agencies
Employers in Hong Kong SAR may engage FDHs either directly or through employment agencies (EAs). Service offerings, agency fees, and follow-up protocols following premature contract terminations are determined by agreement between the EA and the employer based on mutual needs and service scopes.
To safeguard employers' rights as consumers, the Labour Department regulates agency transparency through the Code of Practice for Employment Agencies (CoP):
- **May 2024 Revisions**: The Labour Department revised the CoP in May 2024. Under the revised CoP, EAs are required to state clearly in their terms whether they will offer a fee refund, provide a replacement FDH, or make alternative arrangements if an FDH terminates a contract prematurely. EAs must also disclose whether any additional fees will be charged.
- **Regulatory Sanctions**: EAs failing to comply with the CoP face administrative actions from the Labour Department, which may include warnings urging rectification, refusal of licence renewal, or complete licence revocation.
### Frequently Asked Questions
**Q1: How can an employer or foreign domestic helper legally terminate a contract before its expiry date?**
Under the Employment Ordinance (Cap. 57) and the Standard Employment Contract, either party may terminate the contract prematurely by giving one month's written notice or by paying one month's wages in lieu of notice to the other party.
**Q2: What action does the Immigration Department take when an FDH is suspected of 'job-hopping'?**
The ImmD's special duties team investigates the application holistically. If an applicant is found to be engaged in 'job-hopping', the ImmD will reject the employment visa application, require the applicant to depart Hong Kong SAR, and retain the record for consideration in future applications.
**Q3: Are employment agencies legally required to refund fees or provide a replacement helper if a contract is prematurely terminated?**
The specific refund or replacement terms are agreed upon between the employer and the agency. However, under the Labour Department's revised Code of Practice for Employment Agencies (May 2024), agencies are legally required to clearly state their policies on refunds, replacement helpers, and any additional charges prior to engagement.
**Q4: Does the Hong Kong Government track premature termination statistics by the helpers' countries of origin?**
No. According to the Secretary for Labour and Welfare, the Immigration Department does not maintain statistics on premature contract terminations broken down by the helpers' nationality or place of origin.
Who May Be Affected
Employers of foreign domestic helpers, foreign domestic helpers, employment agencies, and legal practitioners operating in Hong Kong SAR.
Cross-Border Context
Applies to employment contracts and visa adjudications for foreign domestic helpers working within Hong Kong SAR.
What to check next
- Labour Department Code of Practice for Employment Agencies (May 2024 revision)
- Immigration Department employment visa assessment criteria for FDHs
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.