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Guide for Foreign Domestic Helpers and Employers
 
Severance and Long Service Payment 
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Helper will be entitled to Severance Payment if she has been dismissed by the reason of redundancy or has not less than 24 months of service with the same employer prior to termination. The Severance Payment is 1/3 of the helper's one-month salary.

If the helper has work continuously for not less than 5 years and for the following reasons, she will be entitled for the Long Service Payment.

  • Helper is dismissed or the fixed term contract is not being renewed by treason other than serious misconduct or redundancy
  • Helper dies in Service
  • Helper's health is certified by a registered Medical Practitioner as permanently unfit for current job and she resigns.
  • Helper is aged 65 or above when she resigns

    The calculation for Long Service Payment will be
    [(Monthly Wages X 2/3) x reckonable years of service*]
    *Service of incomplete year should be calculated in pro rata basis

    A helper will not be simultaneously entitled to both Long Service Payment and Severance Payment.

    Employment Protection

    A Helper may claim for remedies for unreasonable dismissal under the following circumstances:

  • Helper has been employed continuously for not less than 24 months
  • Helper is dismissed other than for a valid reason specified in the Ordinance.

    Under the Employment Ordinance, the valid reasons for dismissal of Helper are:

  • Helper's Conduct
  • Helper's capability or qualification for performing her work
  • Redundancy or other genuine operational requirements of the employer
  • Statutory requirements
  • Other Substantial Reasons

    Dismissal of Helper that contravenes the law is as follows:

  • Dismissal of Pregnant Helper
  • Dismissal of Helper that is on paid Sick Leave
  • Dismissal by reason of Helper giving evidence or information in any proceedings or injury in connection with the enforcement of labour legislation, industrial accidents or breach of work safety regulations
  • Dismissal for trade union membership and activities
  • Dismissal of injured helper before the parties concerned has entered into an agreement for employee's compensation or before the issue of the Certificate of Assessment.

    Free Return Passage and Travel Allowance

    Upon termination or expiration of the Employment Contract, the Employer should provide free return Ticket that includes Airport Tax, Daily Food and Traveling Allowance.




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