The law requires an employer to take all practical steps to ensure that the job seeker is lawfully employable. If the job seeker is not holding a Hong Kong permanent identity card, the law requires an employer to inspect the job seeker's valid travel document. Moreover, according to court judgements, the employer has the explicit duty to make enquiries regarding the job seeker’s condition of stay in Hong Kong and working experience so as to make sure the job seeker is lawfully employable. If the employer failed to check and make the enquiries for entering the employment with the job seeker, the court may not accept the defence that the employer has already taken all practical steps.

The employer should take note of whether the job seeker has replaced a new smart identity card.

They have to inspect the job seekers' valid travel documents to ensure that they are free to take up any employment in Hong Kong without the Director of Immigration's prior permission and have not breached any condition of stay. To employ a person permitted to remain on visitor, student, employment condition or a person whose travel document/“e-Visa” is endorsed with a condition of stay that "Employment is not permitted", requires prior approval from the Director of Immigration.

Look at the immigration stamp/landing slip in the job seeker's travel document. A bilingual immigration stamp endorsed or landing slip attached on the travel documents of foreign domestic helpers states clearly that "change of employer is not permitted". Visa labels/“e-Visa” for extension of stay granted to foreign domestic helpers are also bilingual.

They should make enquiries through the immigration enquiry telephone hotline 2824 1551 or faxline 2824 1166 or e-mail to [email protected] .

Employers Should Inspect Documents of Job-Seekers

Employers are required by law to inspect the job seeker's:

If in doubt, please call

Enquiry Hotline

Telephone No : 2824 1551