What should employers do if their domestic helper disappears due to debt?

Since the pandemic, I have noticed an increasing number of cases involving foreign domestic helpers who suddenly disappear because of debt problems. From the employer’s perspective, such sudden disappearances not only disrupt daily routines but also cause considerable distress, especially when debt issues lead to harassment. Based on my experience, I would like to share some practical advice for employers on how to handle situations where a domestic helper goes missing due to debt.

If you unfortunately encounter such a case, please remember the following three key steps:

• Report to the police: If you find that your helper is missing or have evidence of indebtedness (such as being contacted by finance companies), report the case to the police immediately. The police will record the incident and may assist with the investigation. If finance companies harass your family, you can report again and ask the police to intervene.

• Terminate the contract: Download and complete Form ID 407E (available from the Immigration Department’s website). Clearly indicate that the “foreign domestic helper disappeared after incurring debts.” Submit the form in person or by post to the Immigration Department. Once you receive the confirmation letter, send a copy by registered mail to the relevant finance companies as proof that the helper is no longer your employee, and request them to stop debt collection.

• No obligation to repay debts: Under Hong Kong law, any personal debts incurred by a foreign domestic helper are their individual responsibility. Employers are not legally required to repay these debts, even if their names are listed as contacts in the loan agreement.

  
  

Some employers may be particularly concerned about harassment from finance companies. In reality, after the employer sends the ID 407E form to the finance companies, the harassment usually stops within a short period. Licensed money lenders are regulated by their lending licenses and supervised by the police, so they can only pursue debts through lawful means. (This, of course, applies to properly licensed finance companies—illegal lenders are not included in this category.) In more serious situations, employers should seek further assistance from the police.

Employers should also note that even if a helper disappears suddenly, they are still required to pay the helper’s wages up to the date of disappearance and arrange a return air ticket if the termination is considered a normal one. However, if the employer can prove serious misconduct (such as theft), they may opt for summary dismissal without payment in lieu of notice, provided there is solid evidence to support the claim.

Finally, after receiving confirmation from the Immigration Department acknowledging receipt of the ID 407E form, the employer may proceed to hire a new helper. As a precaution, it is advisable to enhance home security by installing CCTV and regularly checking the helper’s passport to ensure it is not used as collateral for borrowing.