Terminating the contract with a foreign domestic helper early (firing her)

Basic information

address: Administration Building, Immigration Headquarters, 61 Po Yip Road, Tseung Kwan O, New Territories Telephone:  2824 6111 fax: 2157 9181 e-mail:  enquiry@immd.gov.hk website: https://www.immd.gov.hk/hkt/fdh.html

Guidelines on Standard Procedures for Early Termination of Contracts of Foreign Domestic Helpers

Required Information

• Visa number
• Employment Contract Number
• Employer's full name
• Employer's Hong Kong Identity Card Number
• Full name of the domestic worker
• The domestic worker’s Hong Kong identity card number

Stage 1: Formal notification to the Immigration Department

1. Fill out the "Notice of Termination of Employment Contract" (Form ID407E)
   ▸ Download the form:Hong Kong Immigration Department official website form link
   ▸ Required fields: contract number, termination reason, and signature fields of both parties
   
2. Submission method (must be completed within 7 days from the termination date)

• Online reporting system
  ▸ UsageImmigration Department Electronic Services PlatformInstant Submission
  ▸ The system will send a confirmation number, please keep it for record
  
• fax
  ▸ Fax: (852) 2157 9181 (We recommend you to call 2824 6111 for confirmation after sending)
  
• In person
  ▸ Receipt Point: Immigration Department Receipt and Dispatch Section, G/F., Administration Building, Immigration Headquarters, 61 Po Yip Road, Tseung Kwan O, New Territories
  ▸ Office hours: Monday to Friday 8:45-16:30, Saturday 9:00-11:30
  

Phase 2: Termination procedures between labor and management

• send by post
  ▸ Address: Foreign Domestic Helpers, Immigration Department, 4/F, Administration Building, Immigration Headquarters, 61 Po Yip Road, Tseung Kwan O, New TerritoriesGroup
  
• You can also visit the Hong Kong Government One-Stop Websitewww.gov.hk/fdhterminationFill in and submit.
  

1. Statutory termination conditions

• Employer proactively terminates the contract
  ▸ 1 month’s written notice or payment of “wages in lieu of notice” (full monthly salary) is required
  ▸ According to Section 15 of the Employment Ordinance, the employment contract of a foreign domestic worker cannot be terminated due to pregnancy/work injury/complaint discrimination
• Foreign domestic helper voluntarily resigned
  ▸ Make sure the resignation letter contains a handwritten signature and date. A notarized copy is recommended.

1. Key file processing

• Original termination letter
  ▸ Required elements: reason for termination, last working day, departure deadline (≤ 14 days)
  
  
  
• Departure Confirmation
  ▸ Must state: purchased air ticket date/flight, transportation allowance amount (HK$100/day)
  ▸ After both parties sign, the domestic helper will be given a passport to leave the country

Phase 3: Financial Settlement Standardization

1. Legal payment items (must be settled within 7 days)
   | Project | Calculation Basis | Notes |
   | Unpaid wages | Actual workday ratio | Including overtime wages |
   | Pay in lieu of notice | Full monthly salary | Immediate dismissal only |
   | Annual leave conversion | Remaining annual leave days × daily salary | Calculated on a pro rata basis |
   | Severance pay/long service pay | Last monthly salary × 2/3 × years of service | Must meet the requirements of Chapter 57 of the Regulations
   | Return ticket | Full fare for economy class | Please refer to Cathay Pacific's "Domestic Maid Ticket" offer |
2. Payment Proof Documents

• Use the Labour Department's Termination of Employment Receipt (Form WLRA6）
• It is recommended to record the entire signing process and have a third party witness it
  

Phase 4: Notes on departure arrangements

1. Air Ticket Purchasing Specifications

• A one-way ticket to the "place of origin" is required (based on the contract address)
• Options:
  ▸ Physical air tickets: Cathay Pacific/Philippine Airlines/Indonesian Airlines domestic helper exclusive tickets
  ▸ Cash replacement: Written consent from the domestic helper and notarization is required (at your own risk)
• It is recommended to purchase rescheduling tickets through the airline's official website

1. Baggage Inspection Procedure

• The whole packaging process was recorded, with key shots:
  ▸ Personal documents of domestic helpers
  ▸ Inventory of employer's belongings
  ▸ Luggage compartment contents
• Sign the Baggage Confirmation and keep a copy Dispute Prevention Measures

1. Evidence preservation list

• Double signed copy of the termination notice
• Salary payment bank transfer records
• Proof of ticket purchase/copy of boarding pass
• Labour Department's "Employment Rights Statement" Receipt Record

1. Legal consultation channels

• Labour Department Hotline: 2717 1771
• Foreign Domestic Helpers Section, Immigration Department: 2824 6111
• Free legal support: Community Legal Network Consultation Service