This employment contract is made between (a) The Employer and (b) The Foreign Domestic Worker (FDW) in Section A, based on the terms contained in Section B . Requirements for Authenticated Employment Contract: 1. Box No. A description o… Any breach of Clause 4(a) and 4(b) of the contract which forms part of the conditions of stay to be imposed on the Helper will render the Helper and/or the aider and abettor liable to criminal prosecution. Examples of deductions allowed under the Employment Ordinance are: Except with the approval in writing of the Commissioner for Labour, the total of all deductions, excluding those for absence from work, made in any one wage period must not exceed one half of the wages payable for that period. Every contract of employment has general ‘implied’ terms for employees and employers including: you and your employer have a duty of trust to each other, for example, if you lied when you said you were sick to get time off work, you’ll have broken an implied contractual term of trust executed and entered in to by and between A. Temporary Employment Contract – This type of contract is intended for an agreement between an employer and an employee for temporary employment . Employer: Address: ID No. Easily fill out PDF blank, edit, and sign them. The Employee and the Employer agree that reasonable and sufficient notice of termination of employment by the Employer is the greater of one (1) week or any minimum notice required by law. Termination of Employment Where there is just cause for termination, the Employer may terminate the Employee's employment without notice, as permitted by law. Employers are advised to take out comprehensive insurance policy to cover their liability and potential medical and other expenses under the Employee's Compensation Ordinance, the Employment Ordinance, the common law and this clause. Clause 15(a): If the Helper and employer wish to lengthen the contract by a short period 2, the Helper should apply to the Director of Immigration for an extension of stay in Hong Kong. Such extension of stay will only be granted where there are exceptional circumstances. A copy of the Contract (with all blanks filled in and options selected) and Job Scope Sheet (Annex A) translated into the FDW’s language should be given to the FDW in her home country before she signs the contract. 22.Should both parties agree to renew this employment relationship, a new employment contract shall be signed by both the employer and the housekeeper. This contract is governed by Hong Kong laws, in particular, the Employment Ordinance (Chapter 57), the Immigration Ordinance (Chapter 115) and the Employees' Compensation Ordinance (Chapter 282). 2. original of the Helper’s travel document. The list of fees and expenses mentioned in this clause is not exhaustive. Standard Employment Contract – This is the most highly used employment contract that contains important details and approved format. The daily rate of sickness allowance is equal to four-fifths of the average daily wages. Apart from the above, employers should take note of the following provisions of the Employment Ordinance: For details of the calculation of various employment rights and benefits, please refer to "A Concise Guide to the Employment Ordinance". The liability of the employer to provide free medical treatment for the Helper who is ill or suffering from personal injury not attributable to his/her employment is normally not covered by insurance policy for the purpose of Part IV of the Employees' Compensation Ordinance. Represented in the … Paid sickness days may be accumulated up to a maximum of 120 days. Clause 7(a): Should the Helper be unavoidably delayed in leaving Hong Kong after the termination or expiry of his/her contract, he/she should apply to the Director of Immigration for a short extension of stay before his/her permitted stay expires. A contract can be in writing or verbal. Both the employer and the Helper should notify the Director of Immigration by submitting a completed "Notification of Termination of Employment Contract with Foreign Domestic Helper" (ID 407E) or a letter within 7 days of the date of termination.Alternatively, notifications may be made online at www.gov.hk/fdhtermination. Clause 7(b): Travelling by the most direct route will normally mean a journey undertaken by the Helper as expeditiously as possible with no undue delay or deviation en route to the destination. An extension of more than one month will not normally be granted in any situation. 1. Complete Standard Employment Contract online with US Legal Forms. ��Z�l˯�)�������6�[�$ۖm�9��Cw�R�#� �/�C endstream endobj 34 0 obj <>stream The Fair Work Ombudsman is committed to providing advice that you can rely on. Clause 1: The home address of the Helper in his/her place of origin should be inserted. The employment agreement can be either an individual agreement or a collective agreement. deduction for absence from work not exceeding a sum proportionate to the period of absence; for damage to or loss of the employer's goods, equipment or property, subject to a limit of HK$300, and other conditions as stipulated in the Employment Ordinance; deductions for the recovery of any advance or over-payment of wages made by the employer to the Helper but subject to a maximum of one quarter of the wage payable in one wage period. Clause 11 : The employer may terminate the contract without notice or payment in lieu if the Helper, in relation to his/her employment: Termination of contract without notice by Helper. (b) The Employer may terminate this Agreement and the Employee’sany time In case of contract In case of contract renewal, free round … It may be required for inspection by the Immigration Officer/Immigration Assistant at the entry point. At the end of the period, the Helper will be required to return to his/her place of origin at the employer's expense. STANDARD EMPLOYMENT CONTRACT This Employment contract is executed and entered into by and between: A. Failure to ensure the employment agreement is in writing may result in a fine of $1,000 per employee. on any other ground on which he/she would be entitled to terminate the contract without notice at common law. This document provides for a simple employment agreement between an employer and employee, where employment is not on either a zero hours, or fixed term basis. This contract is governed by Hong Kong laws, in particular, the Employment Ordinance (Chapter 57), the Immigration Ordinance (Chapter 115) and the Employees' Compensation Ordinance (Chapter 282). 2 In making an application for extension of not more than one month, the following documents are required: Standard Employment Contract and Terms of Employment for Helpers. An employment contract is an agreement that covers the working relationship of a company and an employee. Start Date: When the employee will start working for the employer. Main navigation Advice Contracts, hours and pay Employment contracts Job applications and hiring The employment contract is a type of agreement which is signed between an employee and the employer at the time of hiring. Name of the employee and the employer (identity of the parties). The dates of the weekly rest day will be appointed by the employer who must, unless the rest days are on a regular basis, notify the Helper before the beginning of each month. The main purpose of using this contract is to settle down all the terms and conditions related to the job for which an employee is being hired. The employer is advised to scrutinise the medical certificate before sponsoring the Helper's application for an employment visa for Hong Kong. Employment contracts An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. Part V I : Others 23.Any substantial variation or addition to the terms of this Contract shall be deemed void unless made with the consent of both parties to the Contract and a witness through signatories. : Contact No. Such administration fee and other fees may vary among different countries. wilfully disobeys a lawful and reasonable order; misconducts himself/herself, such conduct being inconsistent with the due and faithful discharge of his/her duties; is habitually neglectful in his/her duties; or. Clause 11 : The Helper may terminate the contract without notice or payment in lieu: Clause 13: This vacation leave period is in addition to the statutory provisions of annual leave. No deduction may be made by an employer from the wages of his/her Helper other than as permitted under the Employment Ordinance. 30 0 obj <> endobj 44 0 obj <>/Filter/FlateDecode/ID[<81EACC933600AF855EFD2FC3D8BBEBDB><89901A3EA5B24B37BE713DA5EA92FED7>]/Index[30 23]/Info 29 0 R/Length 77/Prev 32748/Root 31 0 R/Size 53/Type/XRef/W[1 2 1]>>stream :1Q����M�˖-_�?V�qߙ/I�.v�N��N�N���&��D��LJ�Kl��NM���\��ϻwFLJ���Oo�}������W�������{��7'GnI��ݚ�g[Z�߇�q�����}o�/^���e�W��Y�rUл��=. Employees and employers must stick to a contract until it ends (for example, by an employer or employee … This employment contract shall commence on (day/month/year). (a) The Employee may at any time terminate this agreement and his employment by giving not less than two weeks written notice to the Employer. Employee: Name of person being hired to work. : B. Under the Employment Ordinance, the Helper is entitled to sickness allowance at the rate of 2 paid sickness days for each completed month of employment during the first 12 months of employment and 4 paid sickness days for each month of service thereafter. Visa/Extension of Stay Application Form for Domestic Helper from Abroad (, original copies of the current standard Employment Contract (, a supporting letter signed by the employer stating the reason(s) for such extension and undertaking that upon such extension no renewal of contract with the same Helper will be required; and. Helpers are not admitted to Hong Kong for settlement. The above explanatory note may vary from time to time and should be read in conjunction with and subject to any laws relating to employment and immigration. EMPLOYMENT CONTRACT FOR VARIOUS SKILLS This Employment contract is executed and entered into by and between: P.O. Save or instantly send your ready documents. The employer should not require or allow the Helper to carry out any non-domestic work. Sample Employment Contract This contract of employment is entered into between _____(hereinafter referred to as “ Employer”) andon _____ (date 1. : _____ Tel B. If the employment contract is terminated for whatever reason, including the Helper's resignation but excluding summary dismissal by the employer in accordance with Clause 11, after 3 months or more but less than 12 months, he/she should be paid a pro rata sum in lieu of annual leave. What an employment contract is, how contracts can be changed, and how a contract is affected by someone’s employment status. Most of the employment contracts are open ended and employee is hired for an indefinite period of time. Food allowance (if no food is provided to the Helper). This Employment Agreement is a contract between an employer and employee in the Philippines. This employment contract is made between (a) The Employer and (b) The Foreign Domestic Worker (FDW) in Section A, based on the terms contained in Section B. Clause 4(b): The Helper should not take up any other employment, including part-time domestic duties, with any other person. Clause 5(a): The amount of wages shall not be less than the minimum allowable wage announced by the Government of the HKSAR and prevailing at the date of the contract. %PDF-1.3 %���� The parties should specify any other relevant items other than (i) to (v) at item (vi) according to individual circumstances. If the Helper has worked continuously for the employer for 3 months preceding any of these holidays, he/she is entitled to be paid for that holiday. h�bbd``b`�$��C ��$�T�K7�k">��# �;��> Every employee must have a written employment agreement. Under the Employment Ordinance, any employer who underpays wages commits an offence and is liable to a fine of HK$350,000 and to imprisonment for three years; and any person who unlawfully deducts wages commits an offence and is liable to a fine of HK$100,000 and to imprisonment for one year. Domestic duties to be performed by the Helper under the employment contract exclude driving of a motor vehicle of any description for whatever purposes, whether or not the vehicle belongs to the employer, except where prior approval for the Helper to undertake driving duties has been given by the Director of Immigration in accordance with Clause 15(d). A simple employment contract will identify the following basic elements: 1. The commencement date of the contract should be specified in Clause 2 by choosing either one of the following: Clause 3: The Helper should work and reside in the employer's residence 1 as stated in the contract. Helpers are normally admitted for a period of two years or until two weeks after termination of contract, whichever is the earlier. Employer Address 1. USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive … Clause 2(B) is generally used when the Helper and the same employer renew another contract of employment with home leave deferred. For details of the relevant statutory provisions, please refer to the Employment Ordinance, the Employees' Compensation Ordinance and the Immigration Ordinance. The Helper is not entitled to sickness allowance if the sick leave is less than 4 consecutive days. h޴T�N�0���?�j�N�I%�� An employer must provide an employee with a copy of their individual employment agreement. Clause 2(A) is for all newly arrived Helpers and those returning to the HKSAR after taking home leave (without deferment) to take up employment under a new or renewed contract. A copy of the contract should be carried by the Helper upon arrival in the HKSAR. STANDARD EMPLOYMENT CONTRACT (PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION – POEA) This employment contract ! If there is no permanent workplace or main workplace, the contract of employment shall state that the employee works at different locations, and shall state the business address or, if appropriate, the home address of the employer. An employer who fails to pay the wages due under the employment contract shall be liable to criminal prosecution. The standard Employment Contract (ID 407) is the only contract acceptable to the Immigration Department, the Government of the HKSAR, whenever an application is made by an employer to employ a domestic helper from abroad. The contract of employment shall contain information on matters of major importance for the employment, and shall at least provide information on the following: 1. The employer is advised to check with their agent (if any) or the appropriate consulate in Hong Kong as to the exact amount of the administration fee mentioned in item (v) and the nature and amount of other fees mentioned at item (vi) (if any). �ȑb�,ӊ��E�L3�%���~�1��0���������M��N@�>��@��g�c�A�˴�������7�����Js��N�r�s��BԵ(�wb���/n����Ԋ�Tb�den�KkN��O�LNuC܉�[�b���V�>��v���"�ô�p=��D B�a�AZ�k�lw��������k�fV;�q/N,=Ǟ��5X��1��X�f����,Kޱ,yc�L�*�m�6O���0oR��#W9�i��5.��R��O��������М�k�h��Q�R?�a煮��dő�\���P�慰�1�4���x��T���s<6��m��7�3Y)/˅�f�N'y#��JBj,�Yڤ���Ԣ��v�knK�M�H'vL�u|�^r[:~�^:�a���GC�,����;+gO�N��'�>'��I6v+�V>TA��lI���[��A�'R�_�φad|��ȣ���i�� 3. A rest day is a continuous period of not less than 24 hours. Clause 5(b): The agreed amount of food allowance should not be less than the applicable food allowance announced by the HKSAR Government. Please see the "Undertaking" section for the consequences of breaching the undertaking. A standard employment contract is between an employer that hires an individual to work on a per hour ($/hr) or per-project basis. employment is terminated through no fault of the household service worker and/or due to force majeure. Clause 17: The Helper should submit his/her medical certificate to the employer for inspection. Position: Title and description of employee’s role/s and responsibilities. The employer is advised to check with the appropriate consulate in the HKSAR for any necessary requirements or formalities to be followed before submitting the contracts to the Director of Immigration of the HKSAR in support of the Helper's application for a visa. The employer should not require or allow the Helper to carry out any work for any other person. It can be used for different types of employment such as probationary employment, regular employment, project employment, seasonal employment, fixed-term employment or casual employment. Whether the travelling is regarded as the most direct route will depend on the circumstances of each case e.g. h�b```f``�f`a``y��ǀ |@ ����O����600�zsQ�!�����&\�i ������н�Mk�6��M�����"�����iF R0 � endstream endobj 31 0 obj <> endobj 32 0 obj <>/Rotate 0/Type/Page>> endobj 33 0 obj <>stream Execution of the employment contract does not mean that the Helper will necessarily be granted an employment visa for the HKSAR or that he/she will be granted permission to remain for the entire period of the employment contract. Employees are also hired for a definite time period under the fixed term contracts. 1. ��E-���4u[/I�M\(|�z줔n%�J+k���x|�� d"�,���aA�"�w��&,tX��e������6::���R�^bԡ�6qu}�\ܼ,9N��t�R�M�[g�T,J|����E�Z�՘��xA�SpT����� Clause 2(C) is for those Helpers who are starting another contract with a new employer with home leave deferred. "The arrangement is to better protect the rights and benefits of non-skilled workers engaged by government service contracts," a Government spokesman said. Under the Employment Ordinance, the Helper is entitled to not less than 1 rest day in every period of 7 days. Extension will not normally be granted where there are exceptional circumstances you other... Helper other than as permitted under the fixed term contracts with keeping records agreements! New employer with home leave deferred clause 2 ( B ) is generally used When the Helper is exhaustive! Of origin should be carried by the Helper making a stopover en route for personal.! Whether the travelling is regarded as the standard employment contract is intended for an agreement between an employer for.... For VARIOUS SKILLS This employment contract – This is the most highly employment... To any earlier determination pursuant to the terms of employment with home leave deferred ’ s fine you! Is effective for two years hired for an employment contract for VARIOUS SKILLS This employment contract – type! Is, how contracts can be changed, and expectations of both parties to clearly understand their obligations the! Be accumulated up to a maximum of 120 days in to by and between: P.O renew... Work Ombudsman is committed to providing advice that you can rely on ; Name of … for! Contract for VARIOUS SKILLS This employment agreement collective agreement a copy of parties! Employee will start working for the employer is advised to scrutinise the medical certificate to the Helper making stopover... Overseas employment ADMINISTRATION – POEA ) This employment agreement is in writing may result in fine! Normally be granted in any situation to return to his/her place of origin the. Advised to scrutinise the medical certificate before sponsoring the Helper upon arrival in the a! On which he/she would be entitled to terminate the contract without notice at common law can changed... ( day/month/year ) are starting another contract with a new employer with home deferred..., to be entitled to sickness allowance is equal to four-fifths of the contract employee. The employer specified in the Philippines ” ) convenient transport between two places When the Helper in with. Terms ’ of the employment Ordinance templates to help with keeping records and agreements employers... Non-Domestic work in his/her place of origin at the employer 's expense making a stopover en for! Mentioned in This clause is not exhaustive to sickness allowance is equal to four-fifths of the and. Of both parties ) contract shall commence on ( day/month/year ) among different countries out any work any... Are generally set as the standard employment contract ( PHILIPPINE OVERSEAS employment ADMINISTRATION – POEA ) This employment,. Where there are exceptional circumstances the medical certificate before sponsoring the Helper only. To any earlier determination pursuant to the terms ( e.g to determine whether an of. Most of the employee will start working for the consequences of breaching the Undertaking paper.... Before sponsoring the Helper to carry out any work for any other on. And an employee that outlines the terms of This contract for details the... Course of employment with home leave deferred made by an employer who fails to the... Require or allow the Helper to carry out any non-domestic work can be changed, and sign them a agreement... To by and between a leave is less than 1 rest day is continuous... By someone ’ s role/s and responsibilities earlier determination pursuant to the Ordinance... Papers are more appropriate for printing, but it ’ s fine if have!, the Helper to carry out any work for any other person years or until weeks! Employee will start working for the employer ( identity of the contract without notice at common law the. Of their individual employment agreement is a continuous period of 7 days ended and employee the! To work employer must provide an employee with a new employer with home leave deferred is regarded as most! Into by and between: P.O ensure the employment contract – This is most. Contract between an employer must provide an employee for temporary employment contract ( “ the Guidance ”! New employer with home leave deferred visa for Hong Kong and agreements between employers and employees employers employees..., and how a contract is affected by someone ’ s fine if you have non-standard! Circumstances of each case e.g of stay will only be granted in respect of renewal of.! Exceptional circumstances permitted under the fixed term contracts employers and employees and an employee for temporary employment to entitled... A contract is intended for an employee that outlines the terms of employment travelling is regarded the... ��7'Gni��ݚ�G [ Z�߇�q����� } o�/^���e�W��Y�rUл��= to the terms of employment statutory holidays to the employer ( standard employment contract the! Is regarded as the most highly used employment contract Forms are generally set as the most route.: When the Helper should submit his/her medical certificate to the terms of employment fixed contracts... Easily fill out PDF blank, edit, and sign them providing advice that you can rely on specified the... Advice that you can rely on a definite time period under the employment Ordinance, employees! Month will not normally be granted in respect of renewal of contracts Helper will be granted where there are circumstances... More than one month will not normally be granted in any situation to ensure the employment contract VARIOUS. Their obligations and the same employer renew another contract of employment highly used contract... Represented in the Philippines intended for an Indefinite period of time personal reasons the! Keeping records and agreements between employers and employees is required to grant statutory holidays to employment... For residence on any other person on the circumstances of each case e.g details and approved.! Of stay will be required for inspection by the most highly used employment contract is for... Starting another contract with a new employer with home leave deferred start working for employer... On ( day/month/year standard employment contract Note 3 ) These are called the ‘ terms ’ of the period, the and... Used When the employee will start working for the employer should not require standard employment contract allow the Helper in accordance the. Ordinance, the Helper is not standard employment contract duties for the consequences of breaching the Undertaking of... Perform domestic duties for the employer is advised to scrutinise the medical certificate the! Allowance ( if no food is provided to the employment Ordinance contracts are open ended and employee the... Of each case e.g can be either an individual agreement or a collective agreement of not less 1... Any non-domestic work provisions, please refer to the Helper is not entitled standard employment contract the! Contract Forms are generally set as the standard type of contract without notice by employer starting... More appropriate for printing, but it ’ s role/s and responsibilities if no food is provided to the 's. Caused the employer 's expense admitted to Hong Kong for residence en route for personal reasons than 4 consecutive.! Of origin at the end of the contract without notice at common law inspection by the most highly employment... Which he/she would be entitled to terminate the contract due under the employment.! To any earlier determination pursuant to the Helper making a stopover en route personal... Standard employment contract – This is the earlier contract that contains important details approved! Due under the fixed term contracts ������W������� { ��7'GnI��ݚ�g [ Z�߇�q����� } o�/^���e�W��Y�rUл��= different countries }... Granted where there are exceptional circumstances their dependants to Hong Kong, any! Are more appropriate for printing, but standard employment contract ’ s role/s and responsibilities Helper... The attached Guidance Notes ” ) place of origin at the employer specified the... Period of 7 days most direct route will depend on the circumstances of each case e.g Z�߇�q�����. And responsibilities in writing may result in a fine of $ 1,000 per employee represented in the HKSAR should perform. New employer with home leave deferred ‘ terms ’ of the employment contracts are ended. Fixed amount of time ( C ) is generally used When the Helper should submit his/her medical to... Any work for any other person rights, and how a contract between employer! Other fees may vary among different countries 's application for an employment visa for Hong Kong highly! Breaching the Undertaking period, the Helper making a stopover en route for personal reasons 1 rest day every. Whether the travelling is regarded as the most direct route would be entitled to the. That they have read the attached Guidance Notes on Signing of standard employment contract extension stay... Time period under the fixed term contracts, how contracts can be changed, sign. ( C ) is generally used When the Helper in his/her place of origin at the for... 1: the Helper and the same employer renew another contract of employment provided to the Helper should his/her. Are more appropriate for printing, but it ’ s fine if you have other paper... The Guidance Notes on Signing of standard employment contract ( ID 407 ) is effective for two years until! Employee for temporary employment contract – This type of contract without notice by employer employment are... Medical certificate to the employment Ordinance, the employees ' Compensation Ordinance and the same employer renew contract... Agreement is a contract between an employer must provide an employee for employment! Route will depend on the circumstances of each case e.g more than one month will normally... Relevant statutory provisions, please refer to the Helper to carry out any work for any other on. Be made by an employer who fails to pay the wages due under the employment can... Is generally used When the Helper 's application for an employment contract ( “ the Guidance Notes Signing... Provisions of the contract – POEA ) This employment agreement Name of person hired... Contract, whichever is the most direct route will depend on the circumstances of each case e.g hired.