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FDH Contract Renewal in Hong Kong: How to Avoid Common Mistakes and Maximize Benefits
As a foreign domestic helper (FDH) in Hong Kong, you may need to renew your contract with your employer before the current one expires. This process involves various legal and practical considerations, which can affect your rights, responsibilities, and satisfaction as a worker. Therefore, it`s important to understand the basics of FDH contract renewal in Hong Kong, as well as some tips on how to make the most of it.
Here are some key points to keep in mind:
1. The duration of the contract
Generally, an FDH contract in Hong Kong lasts for two years. However, it can be renewed for another two years, up to a maximum period of stay of six years. The employer and the FDH should agree on the terms of the renewal, such as the salary, the accommodation, the working hours, the rest days, the holidays, and the termination clauses. These terms must comply with the Employment Ordinance and the Standard Employment Contract (SEC) for FDHs, which are issued by the Hong Kong Immigration Department.
2. The timing of the renewal
The employer must notify the FDH at least one month before the current contract expires if he or she wishes to renew it. If the FDH agrees to the renewal, he or she should sign a new SEC with the employer and submit it to the Immigration Department at least four weeks before the expiry date. The Immigration Department will then issue a new visa and a new employment contract to the FDH, which will take effect on the day after the expiry date of the current contract.
3. The conditions for termination
The FDH contract can be terminated by either party before the expiry date, but only under certain conditions. For example, the employer can terminate the contract if the FDH breaches the terms of the SEC, such as by engaging in unauthorized employment, absconding, or serious misconduct. Similarly, the FDH can terminate the contract if the employer breaches the terms of the SEC, such as by failing to pay the salary, providing inadequate accommodation, or abusing the FDH. If the contract is terminated by either party, the Immigration Department must be notified within seven days, and the FDH must find a new employer or leave Hong Kong within two weeks.
4. The benefits of renewal
Renewing the FDH contract can have several advantages for both the employer and the FDH. For example, the employer can retain an experienced and trusted worker who is familiar with the household tasks and the family needs. The employer can also avoid the time and cost of recruiting and training a new FDH. Moreover, the employer can enjoy the loyalty and productivity of the FDH, who may be more motivated to work well if he or she feels valued and respected. Similarly, the FDH can benefit from the continuity of employment, the stability of income, and the chance to enhance his or her skills and career prospects. The FDH can also avoid the stress and uncertainty of finding a new employer or returning to his or her home country.
5. The pitfalls to avoid
However, renewing the FDH contract can also have some pitfalls if the employer or the FDH is not aware of the legal and practical issues involved. For example, the employer may try to impose unfair or illegal terms on the renewal, such as reducing the salary, increasing the workload, or limiting the rest days. Similarly, the FDH may fail to negotiate for better terms, such as higher salary, better accommodation, or more training opportunities. Moreover, both the employer and the FDH may overlook the importance of maintaining good communication and respect, which can lead to misunderstandings, conflicts, and dissatisfaction. Therefore, it`s crucial for both parties to approach the FDH contract renewal as a collaborative and respectful process, where mutual interests, expectations, and rights are recognized and fulfilled.
In conclusion, FDH contract renewal in Hong Kong can be a pivotal moment for both the employer and the FDH, as it can affect their relationship, their livelihood, and their well-being. By understanding the legal and practical aspects of the renewal, and by adopting a positive and proactive attitude, both parties can make the most of this opportunity and create a mutually beneficial and satisfying working arrangement.