Terminated? What a domestic helper is owed in Hong Kong

Notice

Either side can end the contract with one month’s notice in writing, or by paying one month’s wages instead of notice. If your employer ends it without notice, you are owed that month’s wages.

What you are owed

• wages up to your last day of work;
• wages in lieu of notice, if you were not given notice;
• pay for annual leave you earned and did not take, plus a share for this year once you have worked three months of it — unless you were dismissed for serious misconduct;
• a free return ticket home, plus a travel allowance of HK$100 for each day of the journey;
• severance or long service payment, if you qualify (see our guide).

When it must be paid

Everything owed at the end of a contract must be paid within seven days, except a severance payment, which is due within two months of your written claim. An employer who pays late owes you interest on it.

The 14 days

After your contract ends you may normally stay in Hong Kong for up to 14 days, or until your permitted stay ends, whichever is sooner. You normally cannot start with a new employer from inside Hong Kong: you go home and apply again. Immigration can allow a change of employer here in special cases — your employer moved abroad, died or had money problems, or you were abused. Both you and your employer must tell the Immigration Department within seven days that the contract has ended.

If you are not paid

Go to the Labour Relations Division of the Labour Department. It is free and they help both sides reach a settlement. Take your contract, any termination letter, and every payslip or bank record you have.