By Daisy CL Mandap
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| Expiring FDH contracts may be extended for 6 months, and home leaves may be cancelled anew |
The government has again granted a six-month extension to all foreign domestic helper contracts that are expiring on or before Mar 31, 2022, suggesting that travel restrictions imposed due to the continuing threat from the coronavirus are not likely to ease soon.
This is the second time that the government has allowed a six-month extension to all expiring FDH contracts. On Sept. 28, it allowed the same length of extension to all contracts ending on Dec 31, 2021. But on Jun 28, the extension given was only for three months.
As before, the new rule announced today was hinged on the condition that both the employer and the worker agree to the extension.
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The government also warned that no further extension will be allowed after the six-month period has been used up.
“If arrangements cannot be made for a newly hired FDH to come to Hong Kong within the above-mentioned six-month extended period and the employer needs to continue to employ his/her FDH beyond the six-month extended period, the employer should consider applying for contract renewal with the existing FDH.”
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Today’s announcement also reinforced a departure from the previous policy of requiring FDHs to return to their place of origin after finishing a two-year contract, with an extension being allowed for a maximum of one year.
In the press release, the government again said that subject to the agreement of both parties, FDHs who are still unable to return to their place of origin within the one-year extension may apply to further extend the limit of stay until the end of their contracts.
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Implicit is the consequence of the contract being terminated
by either party if they cannot agree on whether the worker should serve out the
remaining period without leaving
Other issues remain unresolved, including whether employers are obliged to pay for the worker’s unused annual leave and air fare for the home leave they wouldn’t be taking, at the end of each contract.
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| Contract or visa extension applications may be made at Imm Dept within 8 weeks before expiry |
For both the six-month extension or contract renewal with the same employer, applications may be made with the Immigration Department within eight weeks before the expiration of the existing contract, said the government.
In the past year, thousands of Hong Kong-bound FDHs, especially those coming from the Philippines, have been stranded by tightened travel restrictions made worse by a complete ban on passenger flights from Manila between April and August.
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Even after the lifting of the ban, most FDHs are still
struggling to come to
The government said in its statement today that the new measures are being taken to assist FDHs and their employers to cope with the pandemic.
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Those who wish to enquire about employment rights and benefits of FDHs may call Labour’s hotline at 2157 9537 (manned by 1823) or by email to fdh-enquiry@labour.gov.hk. The dedicated FDH Portal (www.fdh.labour.gov.hk) set up by the LD also provides information and useful links relating to the employment of FDHs.
For enquiries on FDH visa applications, contact the Immigration Department’s enquiry hotline at 2824 6111 or by sending an email to enquiry@immd.gov.hk.
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