The employment agreement can be either an individual agreement or a collective agreement. executed and entered in to by and between A. Such administration fee and other fees may vary among different countries. The employer is required to grant statutory holidays to the Helper in accordance with the Employment Ordinance. 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. Clause 1: The home address of the Helper in his/her place of origin should be inserted. 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. 1. What an employment contract is, how contracts can be changed, and how a contract is affected by someone’s employment status. 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. This Employment Agreement is a contract between an employer and employee in the Philippines. Temporary Employment Contract – This type of contract is intended for an agreement between an employer and an employee for temporary employment . : B. Save or instantly send your ready documents. has caused the employer, on any other ground, to be entitled to terminate the contract without notice at common law. An employment contract is an agreement that covers the working relationship of a company and an employee. A contract can be in writing or verbal. In case of contract In case of contract renewal, free round … 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. 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. STANDARD EMPLOYMENT CONTRACT (PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION – POEA) This employment contract ! An employer who fails to pay the wages due under the employment contract shall be liable to criminal prosecution. Represented in the … 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 Employment contract is executed and entered into by and between: A. Clause 5(b): The agreed amount of food allowance should not be less than the applicable food allowance announced by the HKSAR Government. The parties should specify any other relevant items other than (i) to (v) at item (vi) according to individual circumstances. Extension will not normally be granted in respect of renewal of contracts. 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. 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. USLegal has been awarded the TopTenREVIEWS Gold Award 9 years in a row as the most comprehensive … Kuwait and the Philippines signed an agreement on the proposed harmonized Standard Employment Contract for Filipino Household Service Workers (HSWs) deployed to … 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. Clause 17: The Helper should submit his/her medical certificate to the employer for inspection. The employer is advised to scrutinise the medical certificate before sponsoring the Helper's application for an employment visa for Hong Kong. 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 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. contract or subject to any earlier determination pursuant to the terms of this contract. 1. 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). 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. 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. Position: Title and description of employee’s role/s and responsibilities. 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. White papers are more appropriate for printing, but it’s fine if you have other non-standard paper options. More specifically, an employment contract can include: An example of a Helper not travelling by the most direct route would be the Helper making a stopover en route for personal reasons. 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. Compensation: Amount of money paid per hour, week, or month, including any overtime, bonus(es), or commission, and the compensation schedule. Most of the employment contracts are open ended and employee is hired for an indefinite period of time. h޴T�N�0���?�j�N�I%�� 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". Please see the "Undertaking" section for the consequences of breaching the undertaking. EMPLOYMENT CONTRACT FOR VARIOUS SKILLS This Employment contract is executed and entered into by and between: P.O. Box No. 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. Other main provisions of the Employment Ordinance. The daily rate of sickness allowance is equal to four-fifths of the average daily wages. :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��=. Every employee must have a written employment agreement. 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. A description o… 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$300, and other conditions as stipulated in the Employment Ordinance; deductions for the recovery of any advance or over-payment of wages made by the employer to the Helper but subject to a maximum of one quarter of the wage payable in one wage period. h�bbd``b`�$��C ��$�T�K7�k">��# �;��> 1  It allows both parties to clearly understand their obligations and the terms of employment. Term: Indefinite or fixed amount of time the e… 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. 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 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. The Fair Work Ombudsman is committed to providing advice that you can rely on. 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. 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). 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. For details of the relevant statutory provisions, please refer to the Employment Ordinance, the Employees' Compensation Ordinance and the Immigration Ordinance. 3. 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. Represented in the Philippines by; Name of … 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. The employer should not require or allow the Helper to carry out any work for any other person. Employer Address Employer: Name of company hiring the employee. (Note 3) 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. (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 deduction may be made by an employer from the wages of his/her Helper other than as permitted under the Employment Ordinance. The workplace. One (1) original and one (1) copy of Standard Employment Contract - All pages of the contract should be signed by … A rest day is a continuous period of not less than 24 hours. A simple employment contract will identify the following basic elements: 1. The list of fees and expenses mentioned in this clause is not exhaustive. obligations, rights, and expectations of both parties) during the course of employment. 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