An employer should notify ImmD of the termination of the employment contract if his/her FDH leaves the employment without notice or payment in lieu of notice, and the employer considers that the contract has been unilaterally terminated by the FDH. If an employer is unable to locate the whereabouts of an FDH, he/ she should consider reporting the case to the Police and notify the relevant consulate in Hong Kong and/or the EA concerned. If the employer considers that the FDH is not entitled to terminate the contract without notice and wishes to claim payment in lieu of notice, he/she should approach the branch offices of the Labour Relations Division of LD for assistance as soon as possible. The branch offices will help settle the claim by conciliation.
*A helper may terminate his/her employment contract without prior notice or payment in lieu of notice if:
• He/she reasonably fears physical danger by violence or disease;
• He/she is subjected to ill-treatment by his/her employer; or
• He/she has been employed for not less than five years and is certified in a specified form issued by a registered medical practitioner or a registered Chinese medicine practitioner as being permanently unfit for his/her present job.
If a helper is suspected of committing any criminal offence such as theft, assault (abuse of child/elderly), etc., the employer should report the case to the Police immediately.
LD has all along reminded FDHs to manage their finances in a prudent manner and avoid borrowing money. At the same time, EAs should not be involved in the fi nancial affairs of FDHs directly or indirectly, or arrange for FDHs to take out loans from financial institutions. If an FDH borrows money
from a financial institution and causes nuisance to the employer’s family, the employer can report it to the Police for assistance. If EAs are found to be engaged in malpractices, complaints can be lodged with the Employment Agencies Administration of LD.
