Contract finish, renewal & notice

Problem

Many employers treat “contract end” as a soft household conversation. ImmD clocks and Employment Ordinance money clocks are hard. Miss the renewal window, skip notice, delay final pay, or keep a passport “for safekeeping,” and you are in Labour Department / ImmD territory — not private negotiation.

Steps

1. Know the SEC length — two years, then leave or renew. The Standard Employment Contract (ID 407) is the only official FDH contract and each one runs for two years. At the end of that period the helper must return to the place of origin at the employer’s expense unless you both renew under ImmD rules (with the Clause 13 home-leave default). Verified — LD FDH FAQ Q1; ImmD SEC notes (commencement / repatriation).
2. Ending early: one month’s written notice or one month’s wages in lieu. Under Clause 10 of the SEC, either party may terminate before expiry by giving one month’s notice in writing or by paying one month’s wages in lieu of notice. Put the exact termination date in writing. Summary dismissal / quitting without notice is only for the narrow EO grounds in Clause 11 — treat those as exceptional and evidence-heavy. Verified — LD FDH FAQ Q8–Q9; ImmD SEC Clause 10–11 notes.
3. Notify ImmD within seven days. Both employer and helper must tell the Director of Immigration within seven days of the termination date, with a copy of the other party’s written acknowledgement. Use ImmD form ID 407E (Notification of Termination of Employment Contract with Foreign Domestic Helper) or a letter — or submit online via GovHK. Verified — LD FDH FAQ Q8; ImmD SEC notes; www.gov.hk/fdhtermination.
4. After premature termination: two-week leave clock. If the contract ends early, the helper is normally allowed to remain only until two weeks after termination or the remainder of the permitted stay, whichever is earlier. Overstaying is an Immigration offence; aiding overstay is also prosecutable. Plan the ticket and final payments around that clock. Verified — LD FDH FAQ Q26; ImmD ID 407E notes; ImmD SEC notes.
5. Renewing with the same employer: apply within eight weeks before expiry. Fresh ImmD application — not an auto-roll. ImmD normally accepts renewal applications within eight weeks before the existing contract expires. Forms typically include helper ID 988A, employer ID 988B, and a new signed SEC (ID 407). Online renewal is available on GovHK when eligibility fits. A new hire with a different employer is a separate ImmD pathway (different timing / home-leave rules). Verified — ImmD FDH page (contract renewal); ImmD Guidebook ID(E) 969 §VII; GovHK online renewal.
6. Home leave between contracts (Clause 13). If you agree to renew, the helper must — between expiry of the old contract and commencement of the new one — return to the place of origin for a vacation of not less than seven days, with passage paid by you, unless the Director of Immigration has approved an extension of stay to defer that leave. That vacation is in addition to statutory annual leave. Deferral is exceptional and normally does not exceed one year. Verified — LD FDH FAQ Q4; ImmD SEC Clause 13 notes; ImmD Guidebook §19–20; LD Handy Guide for Employers of FDHs §2.2.2.
7. Pay everything due within seven days of expiry or termination. Outstanding wages; payment in lieu of untaken annual leave plus any pro-rata annual leave pay for the current leave year (pro-rata applies after 3 but less than 12 months in that leave year); severance payment or long service payment where the EO tests are met; and any other SEC sums (return passage, food and travelling allowance, unpaid food allowance if no free food). Prefer bank transfer and use LD’s sample termination receipt / entitlements calculator. Failure to pay statutory/contract sums is an offence. Verified — LD FDH FAQ Q11–Q14; LD Handy Guide (pay within 7 days); Practical Guide.
8. When SP / LSP may apply (and the written renewal offer trap). Severance payment: continuous employment ≥ 24 months and dismissal / non-renewal by reason of redundancy. Long service payment: continuous employment ≥ 5 years and dismissal / non-renewal for a reason other than serious misconduct or redundancy. The helper gets one or the other, not both. If you offered in writing to renew or re-engage under a new contract not less than 7 days before termination/expiry, and the helper unreasonably refuses, SP/LSP entitlement falls away. Formula: (monthly wages × 2/3) × reckonable years (pro-rata for incomplete years). Verified — LD FDH FAQ Q13–Q14.
9. Repatriation: free return passage + HK$100/day food & travelling allowance. Under SEC Clause 7, on completion or termination you must provide free return passage to the place of origin, and pay a daily food and travelling allowance of HK$100 per day for travel by the most direct route. LD advises giving an air ticket with basic checked luggage (not cash equivalent), confirming departure date and destination with the helper before you buy, and using the most direct route — a longer route can mean more allowance days. No allowance for periods the helper extends stay in Hong Kong of their own wish. Verified — LD FDH FAQ Q35; SEC Clause 7 (SEC Eng PDF); ImmD SEC Clause 7 notes; Practical Guide Q11.1–Q11.3.
10. Return / never withhold documents. The helper keeps their own passport, HKID, bank cards, employment contract, and government FDH leaflets. Employers must not retain those items — doing so without explicit consent may be a criminal offence. At finish or anytime, hand back anything you were holding and do not use documents as “security.” Verified — LD Handy Guide §4.10; LD Dos and Don’ts leaflet; Be Prepared handbook §5.2.1.

Finish / renew hygiene checklist

• Decide renew vs end ≥ 8 weeks before SEC expiry
• If ending early: 1 month written notice or 1 month wages in lieu
• ImmD notified within 7 days (ID 407E / GovHK)
• Renewal filed to ImmD inside the 8-week window (new SEC + ID 988A/B)
• Clause 13 home leave (≥ 7 days) planned — or ImmD deferral agreed
• Final pay within 7 days: wages, leave pay, SP/LSP if due, passage, HK$100/day allowance
• Return ticket (most direct route) confirmed with helper before purchase
• Passport / HKID / bank cards / SEC copy with the helper — never withheld

Sources

• Verified — LD FDH FAQ (Q1 two-year SEC; Q4 Clause 13 leave; Q8–Q14 termination, notice, ImmD notify, final payments, SP/LSP; Q26 leave HK; Q35 return passage). Checked 20 Oct 2026.
• Verified — ImmD — SEC terms & explanatory notes (Clauses 7, 10–13; 7-day ImmD notify; two-week stay after early termination)
• Verified — ImmD — Foreign Domestic Helpers (renewal within eight weeks prior to expiry)
• Verified — ImmD Guidebook for the Employment of Domestic Helpers from Abroad ID(E) 969 (§VII contract renewal; Clause 13 home leave)
• Verified — Standard Employment Contract (English) (Clause 7 return passage + HK$100/day)
• Verified — LD Handy Guide for Employers of FDHs (2026) (renewal timing; pay within 7 days; passage advice; do not withhold personal property)
• Verified — Practical Guide for Employment of FDHs (return passage Q11.1–Q11.3)
• Verified — GovHK — FDH contract termination notification / ImmD ID 407E

FAQ