Name of the employee and the employer (identity of the parties). Employer: Address: ID No. 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. Clause 1: The home address of the Helper in his/her place of origin should be inserted. Position: Title and description of employee’s role/s and responsibilities. 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. 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. Access our templates to help with keeping records and agreements between employers and employees. A standard employment contract is between an employer that hires an individual to work on a per hour ($/hr) or per-project basis. Clause 2(B) is generally used when the Helper and the same employer renew another contract of employment with home leave deferred. (b) The Employer may terminate this Agreement and the Employee’sany time An example of a Helper not travelling by the most direct route would be the Helper making a stopover en route for personal reasons. The workplace. 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. 3. Such administration fee and other fees may vary among different countries. 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. A description o… For details of the relevant statutory provisions, please refer to the Employment Ordinance, the Employees' Compensation Ordinance and the Immigration Ordinance. Whether the travelling is regarded as the most direct route will depend on the circumstances of each case e.g. : _____ Tel B. An employer must provide an employee with a copy of their individual employment agreement. Other main provisions of the Employment Ordinance. 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. Standard Employment Contract – This is the most highly used employment contract that contains important details and approved format. Helpers are normally admitted for a period of two years or until two weeks after termination of contract, whichever is the earlier. Food allowance (if no food is provided to the Helper). Extension will not normally be granted in respect of renewal of contracts. 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. A copy of the Contract (with all blanks filled in and options selected) and Job Scope Sheet 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 arrangement is to better protect the rights and benefits of non-skilled workers engaged by government service contracts," a Government spokesman said. Main navigation Advice Contracts, hours and pay Employment contracts Job applications and hiring In case of contract In case of contract renewal, free round … ��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����� 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). It may be required for inspection by the Immigration Officer/Immigration Assistant at the entry point. 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. b)�) �_����a-�F���ݿ M( endstream endobj startxref 0 %%EOF 52 0 obj <>stream 2. 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. Wages shall be paid by the employer in cash or, with the Helper's consent, by cheque or into the Helper's bank account. These are called the ‘terms’ of the 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. It covers the basics such as the basic pay of the employee, the number of hours he has to work, his rest days, and plenty more details. employment is terminated through no fault of the household service worker and/or due to force majeure. Helpers are not admitted to Hong Kong for settlement. 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). 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. h�bbd``b`�$��C ��$�T�K7�k">��# �;��> executed and entered in to by and between A. 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. The standard Employment Contract (ID 407) is effective for two years. Clause 17: The Helper should submit his/her medical certificate to the employer for inspection. The employer should not require or allow the Helper to carry out any non-domestic work. 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. Such extension of stay will only be granted where there are exceptional circumstances. In particular, they should pay attention to the following provisions: Under the Employment Ordinance, the Helper is entitled to annual leave with pay within a period of 12 months following completion of 1 year's service. Termination of Employment Where there is just cause for termination, the Employer may terminate the Employee's employment without notice, as permitted by law. EMPLOYMENT CONTRACT FOR VARIOUS SKILLS This Employment contract is executed and entered into by and between: P.O. 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. Compensation: Amount of money paid per hour, week, or month, including any overtime, bonus(es), or commission, and the compensation schedule. 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. 22.Should both parties agree to renew this employment relationship, a new employment contract shall be signed by both the employer and the housekeeper. Complete Standard Employment Contract online with US Legal Forms. They are not eligible to bring their dependants to Hong Kong for residence. This employment contract shall commence on (day/month/year). Clause 2(C) is for those Helpers who are starting another contract with a new employer with home leave deferred. The use of the standard employment contract is a mandatory condition of contract on all tenders for the relevant government service contracts invited from now on. Requirements for Authenticated Employment Contract: 1. This Employment Agreement is a contract between an employer and employee in the Philippines. 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. The employment agreement can be either an individual agreement or a collective agreement. Employer Address What an employment contract is, how contracts can be changed, and how a contract is affected by someone’s employment status. 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 One (1) original and one (1) copy of Standard Employment Contract - All pages of the contract should be signed by … contract or subject to any earlier determination pursuant to the terms of this contract. has caused the employer, on any other ground, to be entitled to terminate the contract without notice at common law. 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 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. An extension of more than one month will not normally be granted in any situation. Both parties acknowledge that they have read the attached Guidance Notes on Signing of Standard Employment Contract (“the Guidance Notes”). 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. A simple employment contract will identify the following basic elements: 1. Every employee must have a written employment agreement. : B. The Fair Work Ombudsman is committed to providing advice that you can rely on. Most of the employment contracts are open ended and employee is hired for an indefinite period of time. The daily rate of sickness allowance is equal to four-fifths of the average daily wages. Can a contract provide for less than the %PDF-1.3 %���� 1. The two basic types of employment contract are open-ended and fixed term contracts. The employer is required to grant statutory holidays to the Helper in accordance with the Employment Ordinance. An employment contract is an agreement that covers the working relationship of a company and an employee. Please see the "Undertaking" section for the consequences of breaching the undertaking. More specifically, an employment contract can include: Under the Employment Ordinance, the Helper is entitled to not less than 1 rest day in every period of 7 days. 1. obligations, rights, and expectations of both parties) during the course of employment. Term: Indefinite or fixed amount of time the e… A contract can be in writing or verbal. The employment contract is a type of agreement which is signed between an employee and the employer at the time of hiring. 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. 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). : Contact No. White papers are more appropriate for printing, but it’s fine if you have other non-standard paper options. 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). 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. :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��=. 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. 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 standard Employment Contract (ID 407) is not transferrable and if for any reason it is terminated before the standard contract period of two years has been completed, the initiating party should in writing inform the other party of the exact date of termination of the contract. 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 1. ��Z�l˯�)�������6�[�$ۖm�9��Cw�R�#� �/�C endstream endobj 34 0 obj <>stream Represented in the Philippines by; Name of … At the end of the period, the Helper will be required to return to his/her place of origin at the employer's expense. x��x TSg���!���xK�m´�ںT�V��.���"��v;I�J��- �}�Mwq��u_j�N��ik�3�e^�;�7xf��}3s�w'Ƚ���y~���^�4��p83���%)K|�� ����8��3�W��Q����p��7-Z���,���t����M�����7�/�8ib�$!u���:..��{d�<1*�=4��?4N�%:. Kuwait and the Philippines signed an agreement on the proposed harmonized Standard Employment Contract for Filipino Household Service Workers (HSWs) deployed to … original of the Helper’s travel document. Easily fill out PDF blank, edit, and sign them. 1 Employers who have obtained the Director of Immigration's approval before 1 April 2003 to let their Helpers live out can continue to do so, so long as they continue to employ Helpers without a break of more than 6 months. The Director of Immigration has sole discretion to determine whether an extension of stay will be granted. The list of fees and expenses mentioned in this clause is not exhaustive. Sample Employment Contract This contract of employment is entered into between _____(hereinafter referred to as “ Employer”) andon _____ (date 1. 1. Represented in the … 1. Paid sickness days may be accumulated up to a maximum of 120 days. 1. The Helper is not entitled to sickness allowance if the sick leave is less than 4 consecutive days. 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 The parties should specify any other relevant items other than (i) to (v) at item (vi) according to individual circumstances. Copies of the Guide can be obtained at the branch offices of the Labour Relations Division or downloaded from the homepage of the Labour Department. (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. the availability of direct flight or other suitable and convenient transport between two places. 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. 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. Part IV of the Employees' Compensation Ordinance provides that all employers are required, by law, to take out insurance policies to cover their full liabilities. Start Date: When the employee will start working for the employer. hT�N�0���?�j�N�I%�� An employer who fails to pay the wages due under the employment contract shall be liable to criminal prosecution. 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. Standard Employment Contract Forms are generally set as the standard type of contract form. 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. Employment contracts An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. 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. The employer should not require or allow the Helper to carry out any work for any other person. Employers should adhere to all provisions of the Employment Ordinance. 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. USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive … 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. The employer is advised to scrutinise the medical certificate before sponsoring the Helper's application for an employment visa for Hong Kong. on any other ground on which he/she would be entitled to terminate the contract without notice at common law. 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 . Any breach of Clause 3, 4(a), 4(b) and 5(a) of the contract will be a breach of the undertaking to the Government of the HKSAR. �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�� 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. An Employment Contract, or employment agreement, is a document created by an employer for an employee that outlines the terms (e.g. 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. if he/she reasonably fears physical danger by violence or disease which was not contemplated by his/her contract of employment expressly or by necessary implication; if he/she is subject to ill-treatment by the employer; or. Employees and employers must stick to a contract until it ends (for example, by an employer or employee … Employees are also hired for a definite time period under the fixed term contracts. 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. 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To be entitled to not less than 4 consecutive days of employee ’ s role/s and responsibilities that the... Sick leave is less than 24 hours s role/s and responsibilities identify the following basic elements:.! Are not eligible to bring their dependants to Hong Kong for settlement in his/her place of origin at entry! To ensure the employment Ordinance starting another contract of employment the ‘ terms ’ the... Contract, whichever is the earlier starting another contract with a new with! Perform domestic duties for the employer ( identity of the relevant statutory provisions, please refer to the in! Generally used When the Helper in accordance with the employment Ordinance fees and expenses incurred by Helper Termination...
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