Special notes on termination while coronavirus restrictions are in place

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The current COVID-19 situation poses great uncertainty for employers and workers who may be planning to part ways. FEA has gathered a few important notes for you to take into consideration when parting ways during this difficult time. These notes should be read along with our article on the general termination process HERE.

Special Circumstances to Keep in Mind

If the Employer or Worker is not in Hong Kong

The Standard Employment Contract does not require the employer or worker to be physically present in Hong Kong to end the contract as long as the paperwork requirements and termination entitlements are fulfilled.

As the employer, if you have to end the contract when you are outside of Hong Kong, plan ahead to make sure communication, paperwork and remittance are done properly. It will be easier for the worker to find support in Hong Kong than in the Philippines. Similarly, as most employers prefer to interview workers in person, if the contract is ended while the worker is in the Philippines, it may make it more difficult for them to look for new employment. Before beginning the termination process, we suggest that you reach out to your agency for information and support.

Challenges in Travel

Due to travel restrictions, there are limited flights and flights may be cancelled with short notice.

As the employer, according to the Standard Employment Contract (SEC), you are required to provide the worker with transportation all the way to their place of origin. Please note that during this time of virus-related restrictions, public transportation and non-essential travel in and out of the Luzon area, and other areas of the Philippines is suspended – including the city of Manila where the most accessible international airport in the country is located. We encourage employers to be mindful of the travel restrictions faced by workers and to provide the additional budget for transportation and other relevant ad-hoc expenses where possible to cover the worker’s journey to their place of origin.

Consideration for Potential Expenses along with Termination Entitlements

Food and travelling allowance of HK$100 per day should be paid to the worker as required in the SEC (Clause 7b). In a normal situation, most employers will settle this item with an amount from $100 to $300 as a reasonable expectation of the duration of travel. With the challenging situation of flight and domestic travel in mind, you are advised to prepare for additional payments to support the worker through the journey.
Since there is a possibility of workers being unable to return to the Philippines due to the above transport constraints, we would advise you to include potential expenses such as visa extension fees (HKD $230), accommodation fees, extra transportation expenses, when settling termination entitlement.

Get your Agency Involved

Always make sure to inform your agency about any plans for terminating a contract as it is a requirement for agencies to report terminations to the relevant Consulates. As the employer, notifying the employment agency is also a way to protect yourself in order to avoid potential claims or inclusion into the Consulates’ Employer Watch-lists. When you do this, please make sure to also provide a copy of the signed termination documents. At Fair Agency we continue to provide support to our employers and workers to navigate employment challenges in these difficult times. If you are planning or considering ending your contract, please reach out to us so that we can help you through this.

Read the general procedures for parting ways and terminating contract: HERE

Assistance to Overseas Filipino Workers

We advise domestic helpers who had their contracts terminated during this time to make sure to get a copy of all their termination documents, so they can also present these to OWWA along with the application form. Please read our guide on termination documents and entitlements: HERE, and also there are special considerations we encourage employers to take during this time: HERE.

Before leaving Hong Kong, contact the OWWA office in Hong Kong to inquire about the assistance to workers affected by COVID-19. After arriving in the Philippines, contact the local OWWA office to present your documents and receive assistance if you qualify.

OWWA Hong Kong

Address: Office No.2. 29/F United Centre,
No. 95 Queensway Admiralty, Hong Kong
Tel: 3483 0600
Emergency Hotline: 6345 9324
Website: http://www.owwa.gov.ph/
Facebook: OWWA Hong Kong

OWWA Philippines

Hotline in Manila at 1348.
NAIA OWWA Counters – Terminal 1: 09275781306; Terminal 2: 09954825372; Terminal 3: 09275781308;
OWWA Repatriation Assistance Division. (02) 88917601

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Last updated on March 9th, 2022