Any helper who fails to comply with the following government's current foreign domestic helper policies and regulations and attempts to switch employers for any unreasonable reasons or wage factors can be defined as "job-hopping" foreign domestic helpers.
"In accordance with the prevailing FDH policy of the Government, a FDH shall leave Hong Kong upon completion of employment contract or within two weeks from the date of contract termination, whichever is the earlier. Save for the exceptional circumstances deemed reasonable by the ImmD (including the premature termination of contract owing to the transfer, migration, death or financial reasons of the original employer, or where there is evidence that the FDH has been abused or exploited), an application from a FDH for change of employer in Hong Kong within the two-year contract period will normally not be approved. A FDH who wishes to have a new employer must leave Hong Kong and submit a fresh employment visa application to the ImmD."
I am going to hire an Indonesian helper to take care of my newborn baby, but what should I do if she is not fit for work? If the helper decides to terminate the employment contract early, and we encounter a dispute when calculating the severance payment, how can we seek assistance? If the helper claims to be unfit for work and fails to complete a two-year contract, this "job-hopping" behavior causes injustice and inconvenience to the employer. What protection does the government provide for the employer?
1. When hiring helpers, employers should clearly state the job requirements of foreign domestic helpers in the recruitment advertisement or to the employment agency, such as specifying that in addition to general housework, they also need to take care of newborn babies. When selecting FDHs, employers can clearly examine the applicant's skills and work experience, and select FDH applicants who have relevant experience/skills or are willing to engage in relevant work. During the interview, applicants should also explain in detail the employer's family situation, work needs and employment arrangements. This will help the applicant understand the content of the job to be performed and decide whether he is competent for the job. This not only helps reduce the number of foreign domestic helpers who resign due to unsuitability for the job after they arrive at the job, but also helps employers determine the choice of foreign domestic helpers.
2. If the helper claims to be unsuitable for work, you can take the initiative to understand the difficulties encountered by the helper, give appropriate guidance or work guidance, and adjust her work arrangement to allow her to complete various duties step by step; The helper can discuss frankly, so that the helper can understand your work requirements for her. At the same time, you can also understand the problems faced by the foreign domestic helper and understand each other better, which will help the foreign domestic helper to adapt to the new job.
3. If the helper decides to terminate the employment relationship, she may terminate the contract by giving the employer one month's written notice or paying one month's salary in lieu of notice in accordance with Article 10 of the "Standard Employment Contract".
4. If there is a dispute between the two parties when calculating the resignation payment, they may consult or seek assistance from the branch offices of the Labour Relations Division of the Labour Department. The Labour Relations Section provides free consultation and mediation services to assist employers and FDHs in resolving labour disputes. You can visit the website of the Labour Department
(www.labour.gov.hk/en/tele/lr1.htm) for the addresses of the district offices.
5. The Labour Department has always been very concerned about the problem of "job-hopping" of foreign domestic helpers, and has taken a series of measures to curb the situation of "job-hopping" of foreign domestic helpers. For details, please refer to the "Latest News" of this issue of the FDH Employers' Newsletter.
Sunlight Employment Agency hopes that the above latest information will help employers to know more about how to deal with "job-hopping" helpers.