The workplace. 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�%:. Employees are also hired for a definite time period under the fixed term contracts. (Note 3) Standard Employment Contract – This is the most highly used employment contract that contains important details and approved format. The employer should not require or allow the Helper to carry out any non-domestic work. In case of contract In case of contract renewal, free round … Under the Employment Ordinance, the Helper is entitled to not less than 1 rest day in every period of 7 days. 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. An extension of more than one month will not normally be granted in any situation. Whether the travelling is regarded as the most direct route will depend on the circumstances of each case e.g. executed and entered in to by and between A. Kuwait and the Philippines signed an agreement on the proposed harmonized Standard Employment Contract for Filipino Household Service Workers (HSWs) deployed to … 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 Clause 4(a): The Helper should only perform domestic duties for the employer specified in the contract. 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 two basic types of employment contract are open-ended and fixed term contracts. 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. Employee: Name of person being hired to work. 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. Employer: Name of company hiring the employee. :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��=. Easily fill out PDF blank, edit, and sign them. A copy of the contract should be carried by the Helper upon arrival in the HKSAR. 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. USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive … The employer is required to grant statutory holidays to the Helper in accordance with the Employment Ordinance. No deduction may be made by an employer from the wages of his/her Helper other than as permitted under the Employment Ordinance. The list of fees and expenses mentioned in this clause is not exhaustive. 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 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. Clause 17: The Helper should submit his/her medical certificate to the employer for inspection. 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). The employer is advised to scrutinise the medical certificate before sponsoring the Helper's application for an employment visa for Hong Kong. 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 . 1  It allows both parties to clearly understand their obligations and the terms of employment. Such administration fee and other fees may vary among different countries. For details of the relevant statutory provisions, please refer to the Employment Ordinance, the Employees' Compensation Ordinance and the Immigration Ordinance. 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. Box No. The Director of Immigration has sole discretion to determine whether an extension of stay will be granted. Access our templates to help with keeping records and agreements between employers and employees. Employer Address 1. 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. ��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����� Name of the employee and the employer (identity of the parties). %PDF-1.3 %���� 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). The Fair Work Ombudsman is committed to providing advice that you can rely on. Requirements for Authenticated Employment Contract: 1. 3. A rest day is a continuous period of not less than 24 hours. 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. Complete Standard Employment Contract online with US Legal Forms. 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 employment contract is an agreement that covers the working relationship of a company and an employee. 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. Can a contract provide for less than the 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. 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). 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. Main navigation Advice Contracts, hours and pay Employment contracts Job applications and hiring has caused the employer, on any other ground, to be entitled to terminate the contract without notice at common 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. 1. Termination of Employment Where there is just cause for termination, the Employer may terminate the Employee's employment without notice, as permitted by law. An employer must provide an employee with a copy of their individual employment agreement. 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. A contract can be in writing or verbal. 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). A description o… The daily rate of sickness allowance is equal to four-fifths of the average daily wages. 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. 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. The Helper is not entitled to sickness allowance if the sick leave is less than 4 consecutive 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. original of the Helper’s travel document. (b) The Employer may terminate this Agreement and the Employee’sany time ��Z�l˯�)�������6�[�$ۖm�9��Cw�R�#� �/�C endstream endobj 34 0 obj <>stream obligations, rights, and expectations of both parties) during the course of employment. Position: Title and description of employee’s role/s and responsibilities. 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. Clause 2(B) is generally used when the Helper and the same employer renew another contract of employment with home leave deferred. 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 �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�� 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. 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. The employer should not require or allow the Helper to carry out any work for any other person. b)�) �_����a-�F���ݿ M( endstream endobj startxref 0 %%EOF 52 0 obj <>stream 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. The standard Employment Contract (ID 407) is effective for two years. The parties should specify any other relevant items other than (i) to (v) at item (vi) according to individual circumstances. This employment contract shall commence on (day/month/year). Reimbursements of fees and expenses incurred by Helper, Termination of contract without notice by employer. 2. Represented in the … 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. on any other ground on which he/she would be entitled to terminate the contract without notice at common law. 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. Wages shall be paid by the employer in cash or, with the Helper's consent, by cheque or into the Helper's bank account. EMPLOYMENT CONTRACT FOR VARIOUS SKILLS This Employment contract is executed and entered into by and between: P.O. 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. One (1) original and one (1) copy of Standard Employment Contract - All pages of the contract should be signed by … 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. Helpers are not admitted to Hong Kong for settlement. 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. These are called the ‘terms’ of the contract. 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. contract or subject to any earlier determination pursuant to the terms of this contract. : B. This Employment Agreement is a contract between an employer and employee in the Philippines. 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. : _____ Tel B. Employers should adhere to all provisions of the Employment Ordinance. Employees and employers must stick to a contract until it ends (for example, by an employer or employee … Extension will not normally be granted in respect of renewal of contracts. 1. Clause 5(b): The agreed amount of food allowance should not be less than the applicable food allowance announced by the HKSAR Government. 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). employment is terminated through no fault of the household service worker and/or due to force majeure. Such extension of stay will only be granted where there are exceptional circumstances. A simple employment contract will identify the following basic elements: 1. 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$100,000 and to imprisonment for one year. Standard Employment Contract Forms are generally set as the standard type of contract form. An employer who fails to pay the wages due under the employment contract shall be liable to criminal prosecution. "The arrangement is to better protect the rights and benefits of non-skilled workers engaged by government service contracts," a Government spokesman said. Paid sickness days may be accumulated up to a maximum of 120 days. Term: Indefinite or fixed amount of time the e… h޴T�N�0���?�j�N�I%�� They are not eligible to bring their dependants to Hong Kong for residence. Please see the "Undertaking" section for the consequences of breaching the undertaking. If the employment contract is terminated for whatever reason, including the Helper's resignation but excluding summary dismissal by the employer in accordance with Clause 11, after 3 months or more but less than 12 months, he/she should be paid a pro rata sum in lieu of annual leave. 2 In making an application for extension of not more than one month, the following documents are required: Standard Employment Contract and Terms of Employment for Helpers. This employment contract is made between (a) The Employer and (b) The Foreign Domestic Worker (FDW) in Section A, based on the terms contained in Section B. Clause 2(C) is for those Helpers who are starting another contract with a new employer with home leave deferred. Compensation: Amount of money paid per hour, week, or month, including any overtime, bonus(es), or commission, and the compensation schedule. The employment agreement can be either an individual agreement or a collective agreement. White papers are more appropriate for printing, but it’s fine if you have other non-standard paper options. h�bbd``b`�$��C ��$�T�K7�k">��# �;��> Other main provisions of the Employment Ordinance. Every employee must have a written employment agreement. The main purpose of using this contract is to settle down all the terms and conditions related to the job for which an employee is being hired. 30 0 obj <> endobj 44 0 obj <>/Filter/FlateDecode/ID[<81EACC933600AF855EFD2FC3D8BBEBDB><89901A3EA5B24B37BE713DA5EA92FED7>]/Index[30 23]/Info 29 0 R/Length 77/Prev 32748/Root 31 0 R/Size 53/Type/XRef/W[1 2 1]>>stream Copies of the Guide can be obtained at the branch offices of the Labour Relations Division or downloaded from the homepage of the Labour Department. (a) The Employee may at any time terminate this agreement and his employment by giving not less than two weeks written notice to the Employer. No allowance shall be payable in respect of any period in which the Helper, of his/her own wish, extends his/her stay in Hong Kong. 22.Should both parties agree to renew this employment relationship, a new employment contract shall be signed by both the employer and the housekeeper. Apart from the above, employers should take note of the following provisions of the Employment Ordinance: For details of the calculation of various employment rights and benefits, please refer to "A Concise Guide to the Employment Ordinance". It may be required for inspection by the Immigration Officer/Immigration Assistant at the entry point. A standard employment contract is between an employer that hires an individual to work on a per hour ($/hr) or per-project basis. 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. STANDARD EMPLOYMENT CONTRACT (PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION – POEA) This employment contract ! Clause 1: The home address of the Helper in his/her place of origin should be inserted. STANDARD EMPLOYMENT CONTRACT This Employment contract is executed and entered into by and between: A. 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. Save or instantly send your ready documents. Failure to ensure the employment agreement is in writing may result in a fine of $1,000 per employee. 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. 1. Clause 4(b): The Helper should not take up any other employment, including part-time domestic duties, with any other person. 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. Start Date: When the employee will start working for the employer. 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 Employment Contract, or employment agreement, is a document created by an employer for an employee that outlines the terms (e.g. the availability of direct flight or other suitable and convenient transport between two places. More specifically, an employment contract can include: Employment contracts An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. 1. A copy of the Contract (with all blanks filled in and options selected) and Job Scope Sheet 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 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. At the end of the period, the Helper will be required to return to his/her place of origin at the employer's expense. Both parties acknowledge that they have read the attached Guidance Notes on Signing of Standard Employment Contract (“the Guidance Notes”). Helpers are normally admitted for a period of two years or until two weeks after termination of contract, whichever is the earlier. Sample Employment Contract This contract of employment is entered into between _____(hereinafter referred to as “ Employer”) andon _____ (date 1. 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. Represented in the Philippines by; Name of … 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. : Contact No. 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. 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