When domestic helpers return home for a holiday, it’s a time that many employers both look forward to and dread. On the one hand, they hope their helpers will get plenty of rest and spend quality time with their families; on the other hand, they worry that their helpers might “never come back,” disrupting the family’s daily routine. Below is a comprehensive checklist of preparations to make before and after their home leave, to help you handle the situation with peace of mind.
I. Preparations: Renewing Your Contract to Return Home vs. Taking a Last-Minute Leave of Absence—The Arrangements Are Very Different
Scenario 1: Returning to One’s Hometown Upon Contract Renewal (Mandatory Requirement)
According to Article 13 of the “Standard Employment Contract,” if an employer renews a contract with a foreign domestic worker, the worker must return to their place of origin for a vacation of at least 7 days before the new contract takes effect, with the expenses paid by the employer. This is a statutory requirement, with the sole exception being prior approval from the Immigration Department to extend the domestic helper’s stay in Hong Kong.
- Whether leave is paid or unpaid: to be determined by mutual agreement between the employer and employee
- Airfare: The employer must cover the cost of round-trip airfare (see key points below)
- Meal and Transportation Allowance: HK$100 per day during the trip home
⚠️ Important: An Employer’s Responsibility for Airfare During the Contract Period (Please Be Sure to Take Note)
According to the standard employment contract, during the two-year contract period, the employer is only responsible for providing one round-trip set of airline tickets—that is, one set for the foreign domestic worker to travel from their home country to Hong Kong, and one set to return from Hong Kong to their home country upon the expiration or termination of the contract, which together constitute a “round-trip” arrangement.
The key points are as follows:
- Additional Trips Home During the Contract Period: If a foreign domestic worker needs to return home during the contract period for personal reasons (such as a family member’s illness or attending a wedding), the cost of the airfare for that trip shall be borne by the foreign domestic worker, and the employer has no legal obligation to pay for it.
- Employers may choose to provide additional airline tickets as a benefit: Of course, if an employer believes that a foreign domestic worker has performed well and is willing to provide additional airline tickets as a reward or benefit, this is permissible; however, this is purely a matter of mutual agreement and is not mandatory—the employer is under no obligation to do so.
- Make it clear in writing: To avoid misunderstandings, it is recommended to explicitly state in the leave request or mutual agreement which party is responsible for the cost of the flight for that trip, especially in cases of last-minute leave requests.
Scenario 2: Temporary Leave of Absence During the Contract Period (by Mutual Agreement)
If a foreign domestic worker requests to return home temporarily during the contract period for reasons such as family matters, the Labor Department has no specific guidelines; the decision is entirely up to the employer and the worker to negotiate. Employers may consider the following factors:
- Requires supporting documentation (such as a medical report or a phone call from a family member to verify the information)
- Confirm the start and end dates of the leave and document them in writing.
- Domestic helpers are responsible for paying for their own return-home airfare (unless the employer voluntarily covers the cost).
- We recommend not paying for the flight ticket in advance; instead, handle the payment as agreed after the foreign domestic worker returns to Hong Kong.
II. Preparations Required by the Consulate
Before returning home, Filipino domestic workers must obtain an Overseas Employment Certificate (OEC, also known as an Export Clearance Certificate); without an OEC, they cannot leave the Philippines to work in other countries.
Documents Required for Processing:
- Passport (with a valid Hong Kong work visa)
- Flight to My Hometown
- Overseas Workers' Welfare Association (OWWA) Membership
- Employer's Leave Approval Letter (must specify the approved leave period)
For Indonesian domestic workers, when renewing a contract, the contract must first be notarized at the Indonesian Consulate before applying for a visa at the Immigration Department. This process is the opposite of that for Filipino domestic workers, so additional time must be set aside for the notarization.
III. Should Salaries Be Paid Early?
This is the question employers ask most often.
It is not recommended to pay wages in advance. If a foreign domestic worker’s payday falls during her home leave, try to arrange for her to receive her wages after she returns to Hong Kong. According to the Employment Ordinance, employers must pay wages within 7 days after the end of the pay period; as long as payment is made within this timeframe, it is considered lawful.
Why is it not recommended to take an advance?
- In the event that a foreign domestic worker does not return to Hong Kong, it will be difficult to recover the wages paid in advance.
- There are frequent reports of foreign domestic workers requesting salary advances for various reasons before returning home, only to ultimately “skip town” and never return.
- Employers may explicitly state in the leave notice that wages for the period before and after the leave will be paid only after the employee returns to Hong Kong to resume work.
The only expenses that must be paid in advance are: round-trip airfare for returning home upon contract renewal (which, according to the contract, is to be covered by the employer) and a daily allowance of $100 for meals and transportation.
IV. What should you do if your foreign domestic worker doesn't return?
This is the employer’s biggest concern. The following is the complete process:
Preventive Measures: Sign the [Letter of Guarantee for Leave and Contract Performance]
Before the foreign domestic worker leaves Hong Kong, both parties shall sign a written undertaking stating that:
- Date of Departure from Hong Kong and Date by Which You Must Return to Hong Kong to Resume Work
- Failure to return to Hong Kong on time will be considered voluntary resignation, and the employee will be required to pay one month’s pay in lieu of notice.
- Employers have the right to report matters to the police and the Immigration Department, and to handle unclaimed items.
Other Preventive Measures:
- Keep a copy of your passport and return flight ticket
- Stay in touch regularly during the holiday season
- Watch for warning signs: foreign domestic workers sending large quantities of personal belongings home ahead of schedule, or voluntarily mentioning urgent family matters, etc.
Steps to Take If a Foreign Domestic Worker Fails to Return by the Due Date
Step 1: Check if the person is missing
- Call and Send Messages
- Contact her relatives and friends in Hong Kong
- Contact an employment agency for assistance with your inquiry
- Check the room: Are your ID and clothes still there?
Step 2: Report the incident (if you suspect an accident or a missing person)
- There is no rule in Hong Kong requiring people to "wait 24 or 72 hours" before reporting a person missing.
- If there is a safety risk, you can call the police immediately (dial 999 in an emergency).
Step 3: Notify the Immigration Department and Terminate the Contract
- Upon termination of the contract, both parties must notify the Immigration Department in writing or using Form ID407E within 7 days.
- If a foreign domestic worker resigns without giving one month's notice or paying the notice pay, the employer may report to the Immigration Department that the contract was unilaterally terminated by the foreign domestic worker.
Step 4: Processing Wages and Compensation
- Wages for work completed by a foreign domestic worker before leaving the job must still be paid; they cannot be withheld in full.
- If a foreign domestic worker breaches the contract without providing notice, the employer may claim one month’s notice pay.
- Regarding the Long-Service Payment: If a foreign domestic worker resigns voluntarily or leaves without notice, eligibility for the payment depends on the actual reason for termination and the statutory requirements; it should not be paid automatically. It is recommended to confirm this with the Labor Department.
Step 5: Rehire
- If a foreign domestic worker fails to return to Hong Kong on time, the Immigration Department will take their past record into consideration when reviewing their application for a future work visa to return to Hong Kong.
- Employers should start looking for a new foreign domestic worker as early as possible.
Frequently Asked Questions (FAQ)
Question 1: If a foreign domestic worker has to return home temporarily due to an emergency during the term of their contract, who is responsible for paying the airfare?
The foreign domestic worker is responsible for these costs. According to the standard employment contract, the employer is only responsible for one round-trip airfare during each contract period—that is, one set of tickets for the foreign domestic worker’s travel to Hong Kong and return to their home country upon the expiration or termination of the contract. If a foreign domestic worker returns home for personal reasons before the end of the contract term, the cost of the airfare is not the employer’s responsibility. Of course, if an employer voluntarily provides additional airfare as a benefit, this is a matter of mutual agreement and is not mandatory. The Labor Department also recommends that reimbursement for airfare incurred during a foreign domestic worker’s temporary leave of absence be processed only after the worker returns to Hong Kong.
Question 2: When a foreign domestic worker returns home for a vacation, is the employer required to pay meal and transportation allowances?
This is required, for example, when a contract expires or is terminated and the domestic helper returns to their home country. According to the terms of the contract, foreign domestic workers are entitled to a daily allowance of 100 Hong Kong dollars for meals and transportation while returning to their place of origin. If the employer provides a flight ticket that does not take a direct route to the worker’s place of origin (e.g., requiring a layover or a detour), the number of travel days will increase, and the allowance amount will be adjusted accordingly.
Question 3: If my domestic worker does not return after her time off, can I withhold her wages as compensation?
Wages cannot be withheld outright. Wages for work already completed by a foreign domestic worker are still considered wages payable and cannot be withheld in full simply because the worker is unreachable. The correct procedure is as follows: First, settle all statutory payments, such as wages up to the last day of work and compensation for unused annual leave. If the domestic helper breaches the contract by failing to provide one month’s notice, the employer may file a claim for the notice pay in lieu, but should not unilaterally offset all wages due against this amount. In the event of a dispute, both parties should retain proof of calculations and payments and seek assistance from the Labor Department. Additionally, within 7 days of contract termination, the employer must notify the Immigration Department using Form ID407E; this is a legal obligation and must not be delayed while waiting for news from the domestic worker.
Summary Checklist: Essential Tasks Before and After a Foreign Domestic Worker’s Home Leave
| Stage | Items |
|---|---|
| Before the break | □ Confirm the nature of the leave (renewal and return home vs. temporary leave) □ Sign the [Letter of Guarantee for Leave and Commitment to Fulfill the Contract] □ Assist with obtaining the OEC from the consulate (for Filipino domestic workers) or notarizing the contract (for Indonesian domestic workers) □ Contract Renewal and Return Home: Arrange round-trip airfare (paid by the employer) + daily allowance of $100 for meals and transportation □ Temporary Leave: Airfare is paid by the domestic worker (unless voluntarily provided by the employer) □ Retain a copy of the passport and air ticket □ Avoid advancing wages |
| During the holidays | □ Stay in touch every week □ Watch for unusual signs (such as losing contact or sending large quantities of items back home) |
| Overdue | □ Report the incident (if there is a safety risk) □ Notify the Immigration Department within 7 days using Form ID407E to terminate the contract □ Settle any outstanding wages □ Recover the notice pay (if there is a breach of contract) □ Confirm whether long-service payment is required (check with the Labor Department) □ Begin the recruitment process |
Proper arrangements for domestic workers returning home on leave not only allow the worker to enjoy her vacation with peace of mind but also protect the employer’s rights. The key is to clearly document everything in writing beforehand, stay in touch during the leave, and follow established procedures if any issues arise—this will minimize risks.
