What Changed
- Reaffirmed that Standard Employment Contracts will not be amended to include statutory probation periods or proportionate return airfare payments.
- Clarified statutory exceptions under the Disability Discrimination Ordinance (Cap. 487) regarding sickness, performance of inherent job requirements, and unjustifiable hardship.
- Reiterated summary dismissal conditions under the Employment Ordinance (Cap. 57) and ImmD's standard practice of refusing visas to helpers with adverse criminal records.
In the Legislative Council of Hong Kong SAR, discussions surrounding the regulatory frameworks governing foreign domestic helpers (FDHs) and their employers were addressed through a legislative question answered by the Secretary for Labour and Welfare, Mr Chris Sun, on October 14, 2026. The exchange focused on operational flexibility within the Standard Employment Contract (SEC), statutory obligations regarding return airfares, regulations on employment agency charges, procedures for contract termination due to medical conditions, and immigration vetting following criminal convictions.
The Hong Kong SAR Government emphasizes balancing the rights and interests of both FDHs and employers to maintain Hong Kong SAR as an attractive destination for foreign domestic workers while meeting local domestic care needs. Following consultation with the Immigration Department (ImmD) and the Equal Opportunities Commission (EOC), the official response clarified current legal mechanisms under the Employment Ordinance (Cap. 57), the Disability Discrimination Ordinance (Cap. 487), and administrative codes enforced by government departments.
Employment Contract Mechanics, Passage Fees, and Agency Oversight
Under the Standard Employment Contract (SEC) required for employing FDHs in Hong Kong SAR, either party can terminate employment by giving a minimum of one month's written notice or paying one month's wages in lieu of notice. Furthermore, the Employment Ordinance (Cap. 57) (EO) allows an employer to summarily dismiss an FDH without notice or payment in lieu if the helper wilfully disobeys a lawful and reasonable order, misconducts himself or herself, commits fraud or dishonesty, or is habitually neglectful in duties. The Government indicated that because these termination options already exist under the EO and SEC, there is no plan or necessity to introduce a statutory probation period into the standard contract.
Regarding travel expenses, the SEC stipulates that employers must provide FDHs with return passage to their place of origin upon contract termination or expiry. The Government explicitly affirmed that it has no plan to amend this rule or allow employers to charge helpers for airfares in proportion to service length. Mandatory provision of return passage is a core requirement across labour importation schemes in Hong Kong SAR, aimed at ensuring foreign workers do not become stranded locally without financial travel means, thereby preventing social and public order concerns.
Concerning employment agency (EA) fees and re-hiring costs, the Government clarified that commercial agency charges are governed by market practice based on agreed service scopes, making fixed statutory fee caps inappropriate. However, to protect employers as consumers, the Labour Department (LD) revised the Code of Practice for Employment Agencies in May 2024. This update mandates that EAs state explicitly in their terms whether they offer refunds, replacement helpers, or alternate arrangements if an FDH prematurely terminates a contract, along with any applicable additional fees. EAs failing to comply with the Code of Practice face potential disciplinary action by the Labour Department.
Medical Conditions and Disability Discrimination Frameworks
Addressing scenarios where an FDH is unable to perform duties due to illness, the Government highlighted guidance issued by the Equal Opportunities Commission (EOC). The EOC maintains the Code of Practice on Employment under the Disability Discrimination Ordinance (Cap. 487) (DDO), which applies across all employment sectors in Hong Kong SAR.
Under the DDO, it is unlawful to discriminate against or terminate an employee based on a disability. However, statutory exceptions apply if an employer produces objective evidence showing the employee cannot fulfill the inherent requirements of the job. Where an employee remains capable of fulfilling core duties but requires operational adjustments—such as leave for medical appointments or recovery—employers are encouraged to offer reasonable accommodation. Termination remains permissible under the DDO if providing such accommodation would cause unjustifiable hardship to the employer. When disputes arise, the EOC handles complaints via established procedures, offering conciliation to assist parties in reaching a mutual settlement.
Criminal Convictions, Summary Dismissal, and Visa Vetting
In cases involving criminal acts by FDHs, the legal framework differentiates contractual discharge from passage obligations and future immigration controls. If an FDH commits fraud or dishonesty in relation to employment—such as a court conviction for stealing from an employer's home—the employer is entitled under the EO to execute summary dismissal without notice or wage payment in lieu.
Nevertheless, summary dismissal does not relieve the employer of the statutory obligation to pay for the helper's return passage to their place of origin, preserving the safeguard against stranded non-residents. Regarding future employment, the Immigration Department evaluates visa applications strictly under the criteria set out in the Guidebook for the Employment of Domestic Helpers from Abroad. Applicants must maintain a clear criminal record and have no adverse entries. Where an FDH possesses a criminal record or history of breach, the ImmD's normal procedure is to refuse subsequent visa applications to work in Hong Kong SAR.
Frequently Asked Questions
Question 1: Is the Hong Kong SAR Government introducing a statutory probation period for foreign domestic helpers?
Answer: No. The Government concluded that a statutory probation period is unnecessary because existing provisions under the Standard Employment Contract and the Employment Ordinance (Cap. 57) already allow termination with one month's notice, payment in lieu, or summary dismissal for specified misconduct.
Question 2: Can an employer require a foreign domestic helper to pay for part of their return airfare if they quit early?
Answer: No. Under the Standard Employment Contract, employers must bear full responsibility for the helper's return passage upon contract expiry or termination. The Government stated it has no plans to allow proportionate airfare sharing.
Question 3: May an employer dismiss a foreign domestic helper who suffers from a serious illness or disability?
Answer: Under the Disability Discrimination Ordinance (Cap. 487), dismissing an employee due to disability is generally unlawful. However, an employer may terminate the contract if objective evidence shows the helper cannot meet the inherent requirements of the job, or if providing required adjustments would impose unjustifiable hardship on the employer.
Question 4: Does a foreign domestic helper convicted of a criminal offence lose the right to return passage?
Answer: No. Even if an FDH is summarily dismissed for fraud or dishonesty following a criminal conviction, the employer remains legally required under the Standard Employment Contract to provide return passage to the helper's place of origin.
Question 5: How do employment agencies inform employers about premature contract termination policies?
Answer: Under the Labour Department's revised Code of Practice for Employment Agencies (updated May 2024), agencies must clearly disclose their policies on refunds, replacement helpers, and additional fee structures for premature contract terminations.
Who May Be Affected
Employers of foreign domestic helpers, foreign domestic helpers, employment agencies, and legal practitioners in Hong Kong SAR.
Cross-Border Context
Applies to foreign domestic workers entering Hong Kong SAR from overseas places of origin.
What to check next
- Review the Code of Practice for Employment Agencies revised by the Labour Department in May 2024.
- Consult the Equal Opportunities Commission's Code of Practice on Employment under the Disability Discrimination Ordinance (Cap. 487).
- Check the Immigration Department's Guidebook for the Employment of Domestic Helpers from Abroad.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.