(Updated on September 7, 2023)
What Is “Break Contract”?
A “break contract” domestic helper refers to a foreign domestic worker (FDH) who terminated their employment contract before its agreed-upon end date (usually 2-year employment contract). This means that the domestic helper voluntarily leaves their employment position before the contracted period is completed.
There can be various reasons why a foreign domestic helper (FDH) may break their contract:
- Voluntary termination (Break Contract): The domestic helper may choose to break the contract voluntarily due to personal reasons, dissatisfaction with the working conditions, or the availability of better job opportunities elsewhere.
- Termination by the employer (Terminated Contract): In some cases, the employer may terminate the contract with the domestic helper due to reasons such as unsatisfactory performance, breach of the employment agreement, or other valid grounds for termination as specified in the contract or local labor laws.
It’s important to note that breaking a contract can have legal and contractual implications depending on the terms and conditions outlined in the employment agreement and local regulations. Employers and domestic helpers should adhere to the legal requirements and procedures for contract termination to ensure a fair and lawful process.
When considering a domestic helper with a history of contract termination, it’s essential to gather information about the circumstances surrounding the terminated contract or break contract, including the reasons and any references from previous employers. Assessing domestic helpers’ reliability, work history, and reasons for the previous contract termination will help in making an informed decision about their suitability for future employment.
Why Domestic Helpers Chose to Break The Contract?
There can be various reasons why a domestic helper may break a contract. It’s important to remember that each situation is unique, and the reasons can vary from one individual to another. Here are some common reasons why a foreign domestic helper (FDH) may choose to leave the position and break the contract:
- Personal or family reasons: The domestic helper might have personal or family emergencies or obligations that required their immediate attention. This could include caring for a sick family member, attending to their own health issues, or addressing a family crisis in their home country.
- Inadequate working conditions: If the domestic helper feels that the working conditions are unsatisfactory or unsafe, they may choose to terminate (break) the contract. This could include excessive work hours, low wages, overloaded job duties, lack of proper accommodation, mistreatment or abuse, or an unhealthy work environment.
- Mismatched expectations: Sometimes, the domestic helper and the employer may have different expectations about the job duties, working hours, compensation, or living arrangements. If these expectations are not clearly communicated or if there is a significant mismatch, the helper may decide to terminate the contract.
- Conflicts or disagreements: Conflicts or disagreements between the domestic helper and the employer or other family members can lead to a breakdown in the employment relationship. These conflicts can be related to cultural differences, communication issues, differences in parenting styles, delayed payment or personality clashes.
- Better job opportunities: The domestic helper may find better job opportunities with higher pay, improved working conditions, or other benefits elsewhere. They may choose to break the contract to pursue these job opportunities.
It’s important to note that these reasons are not exhaustive, and there can be other individual circumstances that lead to a contract being broken. When considering a domestic helper, open and clear communication, establishing realistic expectations, and creating a supportive working environment will help minimize the likelihood of contract termination.
Is It Bad To Hire A Domestic Helper With Break Contract?
Hiring a domestic helper with a previously broken contract is not necessarily bad in itself, but it does warrant careful consideration and assessment of the circumstances surrounding the contract termination. It’s important to evaluate the reasons behind the contract breakage and gather additional information to make an informed decision. Here are some factors to consider:
- Reason for contract termination: Understand the reasons why the previous contract was broken. Assess whether the reasons were due to factors beyond the domestic helper’s control or if there were issues related to their job performance or behaviour at work. If the termination was a result of serious misconduct or repeated breaches of the employment agreement, it may raise concerns about their reliability.
- References and recommendations: Before hiring a domestic helper, seek any reference letter from previous employers or individuals who have had direct experience working with the domestic helper. Contact these references to gain insights into their work ethic, reliability, and overall job performance. References will provide valuable information to help you assess the helper’s suitability for your specific needs.
- Interview and assessment: Conduct a thorough interview with the domestic helper to gauge their communication skills, attitude, and willingness to learn from past experiences. Use the interview as an opportunity to discuss the previous contract termination and understand their perspective.
- Additional screening measures: Consider conducting additional background checks or verification processes to gather more information about the domestic helper. This may involve verifying their identification documents, work permits, and conducting further checks through reputable screening services.
- Trust and confidence: Assess your level of trust and confidence in hiring the domestic helper despite their previous contract termination. Consider whether you feel comfortable and assured that they have learned from their past experiences and are committed to fulfilling their employment obligations.
Ultimately, the decision to hire a domestic helper with a broken contract depends on a variety of factors, including the reasons for termination, their overall track record, reference letter from previous employers, and your personal assessment. It’s important to make an informed decision based on your specific needs, values, and level of trust in the candidate.
What if employers want to terminate their helper’s contract?
First of all, inform their domestic helper and the maid agency.
If employers decide to terminate the contract without providing any notice, they will be required to compensate the equivalent of one month’s salary as wages in lieu of notice.
Employers are legally required to notify the Immigration Department in writing and within 7 days following the termination by enclosing an original copy of the written termination letter stating the exact date and reasons for termination.
Various means are at employers’ disposal to notify the Immigration Department:
Via their online platform or
Download, fill in and submit the “Notification of Termination of an Employment Contract” (ID407E) form by post, by fax or in person.
Please note that foreign domestic helpers (FDHs) in Hong Kong must leave the country within two weeks after contract termination and the completion of the notice period. This rule poses a challenge for domestic workers as they often struggle to find new employment within this limited timeframe, resulting in many having to return to their home country. Extensions of stay are rarely granted unless the worker is involved in a legal case.
Due to this situation, many foreign domestic workers are reluctant to break contracts, fearing the need to return home and bear the significant costs of training and placement to come back to Hong Kong. Consequently, this leads to further instances of abuse. However, domestic workers can stay in boarding houses provided by various NGOs during the two-week period to facilitate their search for a new employer.
Additionally, employers have the responsibility to ensure that the helper returns to their home country rather than staying in a nearby location like Macau.
Employers who terminate a significant number of domestic helpers prematurely over a short period, such as around five workers within two years, run the risk of being blacklisted by Consulates and, to a lesser extent, the Hong Kong Immigration Department if they are perceived to be abusing their right to premature termination.
Moreover, employers seeking to hire a new helper will incur various expenses, including visa processing and application, training-related fee, agency fee, flight ticket expense, and mandatory helper insurance expenses.
Before resorting to premature termination, it is advisable to take a step back and consider other options. Premature termination should be a last resort, and efforts should be made to resolve issues as they arise. Maintaining open communication and dialogue from the beginning is the best approach for both employers and domestic helpers.
You might also be interested in:
- Essential Steps to Domestic Helper Visa Processing in Hong Kong
- Cost of Hiring A Domestic Helper In Hong Kong
- Find A Domestic Helper Online
- HelperChoice Platform Subscription Fee
Find A Domestic Worker In Hong Kong | HelperChoice | An Ethical Maid Agency
How To Find A Domestic Helper On HelperChoice Platform?
On HelperChoice platform, both Filipino and Indonesian domestic helpers are available for employer’s selection. The employer can find a suitable helper in accordance with their family’s needs and specific skills required, for example, the helper’s year of experience in child care, pet care or elderly care, cooking skill, nationality, training certificates, the ability of speaking Chinese (if applicable), reference letter from the previous employer, contract status (finished contract, break contract, terminated contract due to good reasons), current location (Hong Kong or overseas) and such.
See Also: How To Find A Domestic Helper On HelperChoice Platform?
Visa Processing For Filipino Domestic Workers
Once you hire a domestic helper, you may contact HelperChoice team to process helper’s visa for you (applicable for Filipino domestic workers). Visa processing service fee varies depending on the case type – whether it is a local hire or overseas hire case. If you domestic helper is currently in Hong Kong and about to finish the contract soon, it will be deemed as a local hire case. The visa processing time will take around 6 weeks. However, if your helper is currently based outside Hong Kong, you have to choose overseas visa processing service and the visa application processing time will be longer up to 3 months. Most of visa processing services provided have included 2-year mandatory helper insurance, which will cover helper’s standard medical fee. To learn more, please feel free to contact customer support via Whatsapp or click here for more information.
See also: Visa Processing Services For Filipino Domestic Workers
About HelperChoice
HelperChoice is an ethical maid agency in Hong Kong since 2012. It is licensed by the Labour Department Hong Kong. It provides an online platform for foreign domestic helpers (FDHs) matching and visa processing services for direct hire. Employers may register an account for free and browse helpers’ profiles in accordance with their job requirements, employment status of the helpers, current location and so on. HelperChoice also works closely with local NGOs such as Enrich Hong Kong, PathFinders, Help For Domestic Workers etc for the well-being and benefits of foreign domestic workers.