Hong Kong rules out a probation period for foreign domestic helpers and keeps employer-paid return passage

Labour and Welfare Secretary Chris Sun told the Legislative Council there is no need to add a probation period to helpers' Standard Employment Contract and that the government has no plan to change the rule that employers pay for a helper's return passage.

The Hong Kong government considers that there is no need to introduce a probationary period into the Standard Employment Contract (SEC) for foreign domestic helpers (FDHs), Secretary for Labour and Welfare Chris Sun told the Legislative Council on 14 October.

Sun was answering a question from legislator Tommy Chung, who raised views that the lack of flexibility in the existing SEC and supporting policies leaves employers facing a number of problems. Chung asked whether the government would study a statutory probation period of two to three months, a review of free passage so helpers pay airfares in proportion to their length of service, and a cap on re-hiring agency fees.

Probation and termination

Sun said either party may already terminate the contract by giving not less than one month's notice in writing or paying one month's wages in lieu of notice. Under the Employment Ordinance, an employer may also summarily dismiss a helper who wilfully disobeys a lawful and reasonable order, misconducts himself or herself, is guilty of fraud or dishonesty, or is habitually neglectful in his or her duties.

Return passage stays

The SEC provides that the employer shall be responsible for the helper's passage home when the contract ends. Sun called this one of the necessary conditions for allowing employers to recruit domestic helpers from overseas, intended to ensure helpers will not be left stranded in Hong Kong. "The Government has no plan to amend this requirement," according to the government's record of the reply.

On agency fees, Sun said these are a matter of market practice and it is not appropriate for the government to prescribe their mode and level. He noted the Labour Department revised the Code of Practice for Employment Agencies in May 2024, requiring agencies to state whether they will provide a refund, a replacement helper or other arrangements if a helper terminates early.

Illness and criminal convictions

Under the Disability Discrimination Ordinance, it is unlawful for an employer to dismiss an employee on the ground of disability. "Nevertheless," Sun said, "an exception may apply if the employer can present objective evidence to prove that the employee concerned is unable to perform the inherent requirements of the job due to the employee's disability."

Where a helper is guilty of fraud or dishonesty, such as being convicted of stealing property from the employer's home, the employer may summarily dismiss the helper without notice, but is still required to provide return passage. Sun added that if a helper has any adverse record or has committed any breach, the Immigration Department will normally refuse his or her application.

The SUN Hong Kong reported the reply under the headline "HK unlikely to impose trial period for FDHs".

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