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Employment of Domestic Helpers from Abroad

Starting from 1 August 2008, employers of foreign domestic helpers are not required to pay Employees Retraining levy (the levy) if the visas for the helpers are granted by the Immigration Department between 1 August 2008 and 31 July 2010.

For existing contracts with outstanding levy, employers have to settle the payment in the usual manner according to the schedule as specified by the Director of Immigration in the Payment Note (ID971). If the contract is subsequently terminated prematurely with unused levy balance, the balance shall not be refunded or carried forward to the time after the suspension ends.

Between 1 August 2008 and 31 July 2010, advanced contract renewal is allowed. That is, the employer and the helper can enter into a new employment contract regardless of the existing contract has yet to run its 2-year full course.To avoid a break of service, the new contract can commence immediately after the termination of the old contract if deferred home leave is preferred. Under this advanced contract renewal arrangement, helpers are not required to leave Hong Kong after the termination of the existing contract. The application procedures are the same as those of normal contract renewal cases except that proof of the employer's financial position is waived. The employer shall also sign a specified written statement (SF/IM/1607) with the concerned helper, to confirm the termination of the existing contract including the effective date of termination, and to commit on the continuity of employment relationship between the new and the old contracts. Application for advanced contract renewal will normally be accepted within 4 weeks prior to the termination of the existing contract. For more information on Advanced Contract Renewal, you may read Application for Advanced Contract Renewal for Employment of Foreign Domestic Helpers (English version) [SF/IM/1606(E)].

Under the existing immigration policy, helpers are permitted to remain in Hong Kong up to the permitted limit of stay or 2 weeks from the date of termination of contract, whichever is earlier. If they want to start a new contract with another employer, they have to leave Hong Kong before submitting the visa application.