Important Information Regarding the Reference Letter, ID407E, ID407G, and Contract Termination Documents
As an employer of a foreign domestic worker, aside from day-to-day communication, the biggest headache is often dealing with contract-related paperwork. Whether it’s a worker completing their contract and changing jobs, moving to a new address, or the inevitable need to terminate a contract, proper handling of documentation not only protects the rights of both parties but also helps avoid legal violations. This article provides a detailed breakdown of the common types of documents related to domestic helpers, key points, and important considerations.
I. Reference Letter(Letter of Recommendation / Certificate of Employment Termination)
When a foreign domestic worker is preparing to change employers upon the expiration of their contract, or when the contract is terminated early, the Reference Letter or Release Letter issued by the employer is very important. The purpose of this document is toProof that the employment relationship has ended...and also serves as a reference for new employers and the Immigration Department when evaluating a foreign domestic worker’s past job performance.
1.Letter of Reference Key Tips for Writing:
- Required Basic Information: The domestic worker’s full name, passport number, contract number (if any), and employment start and end dates.
- Confirm the Nature of the Resignation: Clearly specify whether it is “Contract Completion” or “Early Termination.” If it is the latter, it should be supported by a written resignation letter from the foreign domestic worker to prevent the worker from later changing their story and claiming they were unfairly dismissed.
- Performance Evaluation (Handle with Care): If a foreign domestic worker performs well, you may provide a positive evaluation of their work performance and attitude.If the employee’s performance is poor or there are integrity issues, it is not recommended to include negative language in the letter., to avoid the risk of defamation. A simple statement of the facts (such as the date of departure and job title) is sufficient.
- Sign and Confirm: Must be signed by the employer in his or her own handwriting and dated.
Important Notice: If a foreign domestic worker has used the employer’s information without authorization to take out a loan, the employer may apply for a certificate of termination of employment for that worker at the Immigration Department after terminating the contract. When a financial institution attempts to collect debt, you may present this certificate to clarify that the domestic worker is no longer employed at that address and thereby request that they cease harassment.
2. ID407G: Notice Regarding “Revised Housing and Household Arrangements”
Pursuant to Section 3 of the Standard Employment Contract (ID 407),Foreign domestic workers must work and reside at the employer's address specified in the contract.. If, during the term of the contract, the employer's family moves or there are any changes to the housing and household arrangements specified in the contract, then you must use ID 407G Notify the Immigration Department using the form.
ID407G Important Notes:
- When to Use: Any change of address that occurs during the contract term,This is not a visa renewal or a new visa application。
- Submission Methods：
- Online Submission (Recommended): You can access the Hong Kong Government's "One-Stop Portal" website (www.gov.hk/id407g) Submit your application online. During the process, you must complete the online form and sign to confirm that the information is correct; you may also upload supporting documents.
- In person or by mail: You may also fill out a paper form and submit it to the Immigration Department.
- Required Documents：
- Proof of Basic Address(such as a lease agreement, utility bills).
- Special Circumstances (Public Housing): If the new address is located inHousing Department or Hong Kong Housing SocietyResidents of housing estates under its jurisdiction must present a document issued by the Housing Authority or the Housing SocietyLetter of Consent Authorizing the Foreign Domestic Worker to Reside in the Unit, as well as a copy of the lease; otherwise, the application will not be approved.
- Transitional Arrangements: During the move, employers may ask their domestic workers to help with moving and packing, but this transition period should not be too long. At the same time, they should formally register the change of address with the Immigration Department.
3. ID407E: “Notice of Termination of Employment Contract”
Whether the employer terminates the employment or the domestic worker resigns,After the contract terminates, both parties must, within7within a daySubmit a written notice to the Director of Immigration.ID 407E This is a standard form provided by the Immigration Department; if you find it inconvenient to use, you may also draft your own notification letter.
ID407E Important Notes:
- Who wants to submit it?: Both the employer and the foreign domestic worker must submit the notice, or at least the party initiating the termination must submit it and notify the other party.
- Submission Methods: Mail to the Foreign Domestic Helpers Unit of the Immigration Department, or submit via the Hong Kong Government One-Stop Portal (www.gov.hk/fdhtermination) Submit.
- Key Points: The letter must clearly stateThe exact date of termination of the contract(Last day of work).
- Supporting Documents: When submitting ID407E, the employer must ensure that all amounts due to the foreign domestic worker have been paid, including:
- Unpaid Wages
- Unused annual leave pay (pro-rated)
- Severance Pay / Long-Service Bonus (if applicable)
- Notice Pay (if applicable)
4. Key Points of the Termination Letter
If you need to give a domestic worker notice of termination of the employment contract,It is strongly recommended that you use written communication., Never accept a resignation or termination based solely on verbal communication.
Termination Letter Writing Tips:
- Provide sufficient notice: According to Section 10 of the standard contract, the other party must generally be givenOne month's written notice或Pay one month's notice payto terminate the contract early.
- State the valid reasons: As an employer, you should briefly outline the reasons for terminating the contract in the letter (such as misconduct or failure to correct the behavior despite repeated warnings) to prevent the foreign domestic worker from making unfounded allegations to the Labor Department in the future.
- Citation Guidelines: The relevant provisions of the contract may be cited as grounds for termination.
- Bilingual Version: To avoid any misunderstandings due to language barriers, it is recommended that you prepare a side-by-side version in English and Indonesian/Tagalog for the domestic worker to sign and confirm.
Summary of Document Processing Checklist
| File Name | Main Uses | Submission/Processing Deadlines | Key Points to Note |
| Letter of Reference | Proof of Termination of Employment, for the New Employer's Reference | To be issued to the domestic worker upon termination of the contract | Avoid writing negative reviews; stick to the facts. |
| ID 407G | Notice Regarding Changes to Contract Address and Housing Arrangements | Submit it as soon as possible after your address changes. | Public housing units must first obtain a letter of consent from the Housing Authority |
| ID 407E | Official Notice to the Immigration Department Regarding Contract Termination | After the contract terminates 7within a day | You must include your last day of employment; applications may be submitted online or by mail. |
| Termination Letter | Written Notice of Termination or Resignation for Domestic Workers | Issued in advance in accordance with the notice period | It must be in writing, state the reasons, and preferably include a translated version. |
Practical Tips: How to Deal with the Foreign Domestic Worker Loan Scandal and Protect Yourself
There are frequent reports of foreign domestic workers taking out loans from finance companies using their employers’ addresses. To protect yourself:
- Keep your mail in a safe place: Do not give your mailbox key to your domestic helper to prevent her from taking your mail to use as proof of address when applying for a loan.
- Be on the lookout for suspicious mail: If you receive a letter with seemingly well-wishing phrases such as “God bless you” but of unknown origin, this is likely a tactic used by financial companies to verify the address of a foreign domestic worker; you should immediately be on your guard.
- Take Decisive Action: If you discover that a foreign domestic worker has misused your information to take out a loan, in addition to terminating the contract and filing Form ID407E, you should report the matter to the Immigration Department so that a negative record is kept on file for when the worker applies for a visa in the future.
Top Three Frequently Asked Questions (FAQ)）
Question 1: When a foreign domestic worker changes jobs after her contract ends, is the employer required to issue a reference letter?？
Answer: There is no legal requirement for employers to write a reference letter for foreign domestic workers.. However, when foreign domestic workers apply to the Immigration Department for a new contract visa, they are often required to submit a letter of recommendation from their former employer to prove their good work record. If the foreign domestic worker has performed her duties competently, it is a matter of courtesy to issue such a letter; If the domestic worker’s performance was unsatisfactory or involved misconduct, the employer has the right to refuse to issue a letter of recommendation, or to provide only a certificate of employment termination containing basic employment details (name, position, start date, and end date) without any evaluation. This is a completely legal and safe practice.
Question 2: Forgot to file Form ID407G after movingWhat will be the consequences?
Answer: Under the Immigration Ordinance, foreign domestic workers must reside at the address specified in their contract. If an employer moves to a new residence without submitting Form ID407G to notify the Immigration Department, this constitutes a breach of the contract terms and conditions of stay. The Immigration Department has the authority to reject future contract renewal applications, and this may even affect the foreign domestic worker’s visa status, resulting in her being deemedIllegal Stay. In addition, if a foreign domestic worker resides at an unapproved address, any future legal documents or inquiries from the Immigration Department cannot be properly served, posing a risk to both the employer and the foreign domestic worker. Therefore, it is recommended thatAfter Moving14within a dayID407G submission completed.
Question 3: When terminating a contract, the employer must complete Form ID407EIs that right? Can I use a letter I wrote myself?
Answer: Either is fine. The Immigration Department does not require the use of the standard ID407E form; employers or foreign domestic workers may use a written notice drafted on their own. However, the advantage of using the ID407E form is thatStandardized formatting, clear content, making it less likely to omit important information (such as the names of both parties, passport numbers, contract numbers, and termination dates, etc.). If you use a letter you’ve drafted yourself,Be sure to include the following key information in the letter:: The full names of the employer and the foreign domestic worker, the foreign domestic worker’s passport number, the contract reference number (ID 407 number), the exact date of contract termination, and the signatures of both parties. Regardless of the format used, this must be done after the contract has been terminated.7within a daySubmit it to the Immigration Department; otherwise, you may be in violation of the law.
Conclusion
Processing documents for foreign domestic workers may seem complicated, but as long as you understand the purpose of each document, the submission deadlines, and the key points to fill out, you’ll be able to handle it with ease. Keep in mindLetter of ReferenceIt is better to be defensive than offensive; avoid negative comments. 14 days after moving...Submit ID407G within one day; To terminate the contract, you must provide written notice by 7Submit ID407E within the day. Properly handling documentation not only protects the employer’s rights but also demonstrates basic respect for the domestic helper, allowing both parties to part ways amicably. If you have any questions, please call the Immigration Department’s inquiry hotline at (852) 2824 6111 or visit the official website. www.immd.gov.hk Stay up to date.
