No probation — what you can do today

Problem

Employers often assume the first few months are a lighter “probation,” like many local jobs. For foreign domestic helpers the SEC does not work that way. A side “trial contract,” unpaid trial week, or withheld passport “until she settles” is not a legal shortcut — and after the 14 Oct 2026 LegCo exchange, more households are asking what they can do today while the statutory-trial idea is off the table.

Core claim: no probation under current law / SEC

• The only enforceable FDH contract is the Standard Employment Contract (ID 407). Any other employment contract between you and the helper is not enforceable in Hong Kong. Each SEC runs two years. Verified — LD FDH FAQ Q1.
• There is no separate probation or trial period in the SEC. From day one, early exit uses Clause 10: either party may terminate before expiry by giving one month’s written notice or paying one month’s wages in lieu of notice. That is the same rule whether the helper arrived yesterday or last year. Verified — LD FDH FAQ Q8; ImmD SEC Clause 10 notes; SEC Eng PDF.
• Summary dismissal without notice exists only for the narrow Employment Ordinance grounds (wilful disobedience, serious misconduct, fraud/dishonesty, habitual neglect) — exceptional and evidence-heavy, not a “probation fail.” Verified — LD FDH FAQ Q9.

LegCo context (14 Oct 2026)

On 14 October 2026, LegCo oral question LCQ1 (Hon Tommy Chung) asked whether the Government would study a statutory FDH probation period (e.g. two to three months), among other employer-flexibility ideas.

• Labour & Welfare reply (official): Under the SEC, either party may already terminate with not less than one month’s written notice or one month’s wages in lieu; summary dismissal under the EO remains available for the listed serious grounds. “The Government considers that there is no need to introduce into the SEC an additional provision prescribing a probationary period.” The Government also said it has no plan to amend the employer’s duty to provide return passage. Verified — Info.gov.hk press release, LCQ1, 14 Oct 2026 (Secretary for Labour and Welfare, Mr Chris Sun).
• News follow-ups reported that the Secretary also flagged that a trial period cuts both ways (the helper could leave quickly too) and could bring unwanted side effects — in coverage tied to related care-worker / FDH discussion that day. Treat that colour as secondary reporting, not as a substitute for the written reply. Likely — e.g. The SUN HK, 14 Oct 2026; Chinese-language coverage the same day.

HK Helper Desk did not attend LegCo. We summarise the published Government reply and dated news. Re-read the press release yourself before you rely on any quote.

What you can do today

1. Clear written house rules + job expectations from day one. Spell out duties (childcare, elderly care, cooking, cleaning), rest-day pattern, phone / visitors / CCTV notice, and how feedback works. This is household clarity — not a fake “probation contract.” LD itself advises employers to state requirements clearly at hiring and interview so the match is realistic. Verified — LD “Questions & Answers on Employment Matters on Foreign Domestic Helpers” (recruitment / adaptation guidance); LD FDH FAQ (job duties / CCTV Q29).
2. Use the real SEC only (ID 407) — no side “trial contract.” Do not run a private short-term agreement, unpaid trial week, or lower-wage “probation pay.” Only ID 407 is enforceable; underpaying below the contracted / MAW rate is an offence. Verified — LD FDH FAQ Q1–Q2.
3. If it isn’t working: Clause 10 notice or wages in lieu + ImmD within 7 days. Put the termination date in writing, pay what is due, notify ImmD (ID 407E / GovHK), and arrange return passage. Full step map: Contract finish, renewal & notice. Verified — LD FDH FAQ Q8, Q11, Q35.
4. Agency selection / interview diligence before arrival. Check the agency is licensed, get fees and replacement / refund terms in writing (LD’s Code of Practice for EAs requires clarity if the helper leaves early), and interview for the skills you actually need. Red-flag list: Agency fee red-flag list. Verified — LD FDH FAQ Q16; LCQ1 reply (May 2024 Code of Practice revision on refund / replacement transparency).
5. Do not withhold passport or documents. The helper keeps their passport, HKID, bank cards, and contract. Holding documents “until probation ends” is not allowed and may be criminal. Verified — LD Handy Guide / Dos and Don’ts; see also contract-finish checklist (documents step).

Today checklist

• Confirm you are on SEC ID 407 only — no side trial contract
• Written house rules + job list shared with the helper (day one or today)
• If ending early: 1 month written notice or 1 month wages in lieu (Clause 10)
• ImmD notified within 7 days (ID 407E) — follow finish / renew page
• Agency licensed + written replacement / refund terms checked
• Passport / HKID / bank cards / SEC with the helper — never withheld
• Re-read LD FDH FAQ Q8 and the 14 Oct 2026 LCQ1 reply if you heard “probation is coming”

Sources

• Verified — LD FDH FAQ (Q1 only SEC ID 407 / two years; Q2 wages; Q8 Clause 10 notice or wages in lieu + ImmD 7-day notify; Q9 summary dismissal grounds; Q11 final payments; Q16 agencies; Q35 return passage). Checked 21 Oct 2026.
• Verified — Standard Employment Contract (English) / ImmD SEC terms & notes (Clause 10 — no lighter probation track).
• Verified — Info.gov.hk — LCQ1: Foreign domestic helpers (14 Oct 2026): Government sees no need to add a probationary-period provision to the SEC.
• Verified — LD Handy Guide for Employers of FDHs / Dos and Don’ts (do not withhold personal documents).
• Likely — Secondary HK news on the same LegCo sitting (e.g. The SUN HK, 14 Oct 2026) for oral colour about trial periods cutting both ways; prefer the official press release for the policy line.

FAQ