If a Foreign Domestic Helper Is Jailed, Do Employers Pay Notice or Air Ticket?

The key point is that payment in lieu of notice and return passage should be considered separately. If a helper is convicted or jailed for very serious misconduct connected with the employment, such as child abuse or neglect while caring for the employer's child, the employer may have grounds for summary dismissal without notice or payment in lieu of notice. Return passage is different: official FDH guidance says the employer should provide free return passage to the helper's place of origin when the contract is completed or terminated.

Key Points for Employers

• Payment in lieu of notice: usually not required if the facts support lawful summary dismissal for very serious misconduct related to the employment.
• Outstanding wages: still payable up to the termination date. Do not withhold wages as punishment.
• Return passage: official guidance still points to providing free return passage on termination or expiry of the contract. We found no official exception for criminal conviction, imprisonment, or summary dismissal.
• Immigration notice: both sides should notify the Director of Immigration within 7 days of termination. State the exact termination date and keep the supporting documents.

Why Notice Pay May Be Different From the Air Ticket

The Employment Ordinance allows an employer to summarily dismiss an employee without notice or payment in lieu of notice where the employee, in relation to the employment, wilfully disobeys a lawful and reasonable order, misconducts themselves, is guilty of fraud or dishonesty, or is habitually neglectful in their duties. The Labour Department also warns that summary dismissal is a serious disciplinary action and should be used only for very serious misconduct or after repeated warnings.

Return passage comes from the Standard Employment Contract for FDHs. Clause 7 requires the employer to provide free passage from the helper's place of origin to Hong Kong and, on termination or expiry of the contract, free return passage to the helper's place of origin. The Labour Department FAQ repeats this duty and advises employers to provide an air ticket with basic checked luggage rather than cash.

If the Helper Is in Custody or Jail

A helper in custody may not be able to depart immediately. That practical problem is not the same as a legal exemption from return passage. Keep the court record, termination notice, wage records, and correspondence. Then ask the Labour Department, Immigration Department, or a lawyer how to coordinate the return-passage arrangement after release or removal.

Common Misconceptions to Avoid

• Do not rely on "Employment Ordinance section 32" as the basis for no notice pay. Summary dismissal is normally discussed under section 9 and the Standard Employment Contract clause on termination without notice.
• Do not assume the contract becomes "automatically invalid" simply because the helper is convicted. Give written termination notice and notify Immigration.
• Do not assume the employer can personally put someone on an Immigration blacklist. You can report facts and provide documents; Immigration decides visa, stay, removal, and future application matters.
• Do not withhold wages, annual leave pay, or return passage as a way to recover family losses. Any compensation claim is a separate legal matter, and wage deductions are tightly restricted.

If an Agency Pressures You

Ask the agency to put its legal basis in writing. Employment agencies in Hong Kong are regulated by the Labour Department's Employment Agencies Administration, not by the Travel Industry Authority or tourism regulators. If the issue is a labour entitlement dispute, contact the Labour Relations Division. If the issue is suspected agency malpractice, contact the Employment Agencies Administration. If there are threats or harassment, consider reporting to the Police.

Practical Checklist

• Get official court documents showing the conviction, offence, sentence, and date.
• Issue a clear written termination notice stating the termination date and reason.
• Calculate and pay outstanding wages and any remaining statutory or contractual sums that are still due.
• Notify the Immigration Department within 7 days using ID407E or the online termination service.
• Keep evidence of any return-passage arrangement or official advice about timing if the helper is still in custody.

This article is for general reference only and does not constitute legal advice. Criminal cases, imprisonment, immigration status, and termination payments can be fact-specific. Verify with the Labour Department, Immigration Department, and professional advisers before acting.