According to the current regulations of the Hong Kong Immigration Department, if Hong Kong residents wish to employ foreign domestic helpers, both parties must sign a Standard Employment Contract (ID 407). Other contracts are not recognized. The Standard Employment Contract (ID 407) was revised by the Immigration Department and the Labour Department in November 2016, and since January 2017, the Immigration Department only accepts the revised contract.
The above information is provided solely for employers' reference and does not constitute legal advice. Employers should consult relevant websites and local labor offices for further details:https://www.labour.gov.hk/tc/news/EAO2021.htm
According to the current Immigration Department regulations, there is no limit on the number of years a foreign domestic helper can work in Hong Kong. The Standard Employment Contract (ID 407) sets a contract period of two years. If both the employer and the helper agree, the contract can be renewed every two years until either party decides not to renew. In some cases, we have seen domestic helpers who have worked in Hong Kong for over 40 years and are now over 70 years old, still working for their employers. This is one of the reasons many domestic helpers prefer to work in Hong Kong.
The above information is provided solely for employers' reference and does not constitute legal advice. Employers should consult relevant websites and local labor offices for further details:
https://www.labour.gov.hk/tc/news/EAO2021.htm
The household duties are specified in the contract, and the domestic helper is only allowed to perform these duties at the employer's residence. According to the employment contract, the domestic helper's duties do not include driving any type of vehicle, regardless of the purpose or whether the vehicle belongs to the employer. The household duties include the following tasks: general household chores, cooking, caring for elderly family members, babysitting, and taking care of children. If additional tasks are required, they must be specified in advance and approved by the Immigration Department.
When the employer requests the helper to clean the exterior side of windows ("outer windows"), and the windows are not located on the ground floor, adjacent to a balcony (reasonably safe for the helper to work), or in public corridors, the following safety measures must be met before cleaning the outer windows:
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The window being cleaned must have window grilles installed, and these grilles must be locked or secured to prevent them from being opened.
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The helper must not extend any part of their body outside the window except for their arms.
The above content is excerpted from the "Standard Employment Contract" (ID 407) regarding accommodation and household arrangements. It is intended to provide employers with additional information for reference and does not constitute any legal advice, guidance, or statement. Employers should also refer to the original legal texts and consult relevant websites and local labor offices for further details.
https://www.labour.gov.hk/tc/news/EAO2021.htm
According to the Standard Employment Contract for hiring foreign domestic helpers, employers must provide free meals for their helpers. Currently, most employers provide free meals, but they can also opt to give a food allowance instead. The food allowance should be no less than HKD 1,236 per month.
Given the relatively small size of Hong Kong apartments, it is uncommon to have a separate room for the helper. However, employers should provide suitable accommodation with reasonable privacy. Examples of inappropriate accommodation include requiring the helper to sleep on a temporary bed in a corridor without private space or sharing a room with an adult or adolescent of the opposite sex.
The above information is provided solely for employers' reference and does not constitute legal advice. Employers should consult relevant websites and local labor offices for further details:https://www.labour.gov.hk/tc/news/EAO2021.htm
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Salary Payment
Employers must pay the foreign domestic helper's salary no later than seven days after the end of the wage period or the termination of the contract.
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Underpayment of Wages
Underpaying the minimum wage is a violation of the Employment Ordinance. Upon conviction, the maximum penalty is a fine of HKD 350,000 and imprisonment for three years. The Hong Kong SAR Government regularly reviews the minimum wage, which is currently set at HKD 4,990.00 per month.
Permissible Deductions from Domestic Helper's Salary
Employers can only deduct a domestic helper's salary under the following circumstances:
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Negligence or Misconduct: If the helper damages or loses the employer's property due to negligence or misconduct, the deduction is limited to HKD 300 per incident.
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Absence from Work: Deductions can be made for actual periods of absence.
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Advance Payments: Any advance payments made to the helper can be deducted.
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Loans: Deductions for loans given to the helper, but this must be agreed upon in writing.
Except for deductions due to absence, the total amount deducted from the helper's salary in any wage period must not exceed half of the helper's wages for that period.
The above information is provided solely for employers' reference and does not constitute legal advice. Employers should consult relevant websites and local labour offices for further details:
https://www.labour.gov.hk/tc/news/EAO2021.htm
Under Hong Kong's labor laws, including the Employment Ordinance and the Employees' Compensation Ordinance (Chapter 282), foreign domestic helpers enjoy the same employment rights and protections as local workers. These rights and protections include rest days, statutory holidays, paid annual leave, maternity protection, sickness allowance, severance pay, and long service payment.
The above content is excerpted from the "Standard Employment Contract" (ID 407). It is intended to provide employers with reference information and does not constitute any legal advice, guidance, or statement. Employers should also refer to the original legal texts and consult relevant websites and local labour offices for further details:
https://www.labour.gov.hk/tc/news/EAO2021.htm
According to the Employment Ordinance (Chapter 57 of the Laws of Hong Kong), regardless of which party initiates the termination of the contract, the employer must pay for the foreign domestic helper's return airfare and travel allowance to their place of origin. Within seven days of the termination date, the employer must complete the ID 407 Termination of Employment Contract notice and send it by mail or fax to the Immigration Department. A copy of the form must also be given to the domestic helper for their records.
Termination of Contract Calculation
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Salary: Any unpaid wages up to the termination date.
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Payment in Lieu of Notice: If the contract is terminated without the required notice period, the employer must pay the helper an amount equivalent to the wages for the notice period.
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Annual Leave: Compensation for any accrued but unused annual leave, provided the helper has completed at least three months of service.
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Travel Allowance: A daily travel allowance of HKD 100 for the return journey.
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Return Airfare: The cost of a return airfare, including 20 kg of checked luggage.
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Other Payments: This may includes long service payment, severance pay, or compensation for untaken statutory holidays, depending on the circumstances of the termination.
The above information is provided solely for employers' reference and does not constitute legal advice. Employers should consult relevant websites and local labour offices for further details.
https://www.labour.gov.hk/tc/news/EAO2021.htm
Clause 7(a): If a helper is prevented from leaving Hong Kong upon the termination or expiration of the contract, they must apply to the Director of Immigration for an extension of stay for a short period before the approved limit of stay expires. During the period that the helper voluntarily stays in Hong Kong, the employer is not required to provide any allowance.
Clause 7(b): The term "taking the most direct route to return to their place of origin" generally means the helper returns to their place of origin via the quickest route without undue delays or deviations along the way. Whether the chosen route is the most direct depends on individual circumstances, such as the availability of direct flights or other convenient means of transportation between the two places. An example of a helper not taking the most direct route to return to their place of origin is if the helper stops along the way for personal reasons.
The agreement between the Indonesian Consulate and the employers of foreign domestic helpers states that employers must provide round-trip tickets for the helpers, which must include a minimum of 20 kilograms of checked baggage allowance.
The above content is excerpted from the "Standard Employment Contract" (ID 407). It is intended to provide employers with reference information and does not constitute any legal advice, guidance, or statement. Employers should also refer to the original legal texts and consult relevant websites and local labour offices for further details.
https://www.labour.gov.hk/tc/news/EAO2021.htm
https://webapp.es2.immd.gov.hk/applies2-client/static/faq/pmt/zh-HK/pmt_submission_faq.html
According to Part IV of the Employees' Compensation Ordinance, insurance purchased generally does not cover medical expenses for illnesses or accidents not arising out of and in the course of employment but which are the responsibility of the employer. Employers should consider purchasing more comprehensive insurance for helpers to cover the legal liabilities and/or medical expenses and other costs that may be required under the Employees' Compensation Ordinance, the Employment Ordinance, common law, and this ordinance.
According to the Employment Ordinance, a helper is entitled to two days of paid sick leave for every month of employment during the first twelve months of employment. Thereafter, the helper is entitled to four days of paid sick leave for every month of employment. Paid sick leave can be accumulated up to a maximum of 120 days. The daily sick leave allowance is equivalent to four-fifths of the helper's average daily wages. If the sick leave taken is less than four consecutive days, the helper is not entitled to the sick leave allowance.
The above content is excerpted from the Employees' Compensation Ordinance and the Employment Ordinance. It is intended to provide employers with reference information and does not constitute any legal advice, guidance, or statement. Employers should also refer to the original legal texts and consult relevant websites and local labour offices for further details.
https://www.labour.gov.hk/tc/news/EAO2021.htm
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A female foreign domestic helper is entitled to 14 consecutive weeks of paid maternity leave if she meets the following conditions:
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She has been employed for no less than 40 weeks before the scheduled maternity leave begins.
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She has notified the employer of her pregnancy and intention to take maternity leave, for example, by presenting a medical certificate confirming the pregnancy.
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If the employer requests, she has submitted a medical certificate to the employer specifying the expected date of confinement.
The daily maternity leave pay is equivalent to four-fifths of the helper's average daily wages. The employer must pay the maternity leave pay to the helper on the regular payday.
The employer must not assign pregnant employees to heavy, dangerous, or harmful work. If the pregnant helper has submitted a medical certificate to the employer stating that she is unfit for certain tasks, the employer should appropriately adjust the helper's job duties based on the professional opinion.
Pregnant helpers should attend prenatal check-ups regularly to ensure the health of both mother and baby. You can obtain information on prenatal check-up services provided by the Department of Health’s Maternal and Child Health Centres and the Hospital Authority via the following links: Department of Health's Maternal and Child Health Centres and Hospital Authority.
If a foreign domestic helper wishes to return to her home country to give birth and take maternity leave, she should make a request to her employer so that both parties can discuss and agree on the arrangements.
If the foreign domestic helper becomes unexpectedly pregnant, she can seek consultation and counseling services from the Integrated Family Service Centers of the Social Welfare Department (telephone: 2343 2255) or the Family Planning Association of Hong Kong (telephone: 2572 2222).
The above content is extracted from the websites of the Labour Department and the Immigration Department, mainly for the reference of employers. It does not constitute any legal advice, guidance, or statement. Employers should refer to the original text of the relevant legislation and related websites and consult the Labour Department in each district. https://www.fdh.labour.gov.hk/tc/faq.html
If a foreign domestic helper suffers an accident resulting in injury or death during employment, the employer is generally responsible for compensation under the Employees' Compensation Ordinance. The injured foreign domestic helper should notify the employer of the accident as soon as possible. The employer must report the work injury to the Commissioner for Labour within 14 days of the accident (7 days in case of death). If the employee contracts an occupational disease specified in the Employees' Compensation Ordinance, they are entitled to the same compensation and protection as a work-related injury.
Employers have a responsibility to compensate foreign domestic helpers who are injured at work. For more information on work injury compensation, you can visit the Labour Department's website: https://www.labour.gov.hk/tc/legislat/content1.htm
Minor Employment Claims Adjudication Board (MECAB): MECAB was established under the Minor Employment Claims Adjudication Board Ordinance (Cap. 453 of the Laws of Hong Kong) to arbitrate minor employment claims. Each claimant's claim amount should not exceed HKD 15,000. Claims exceeding MECAB's jurisdiction are handled by the Labour Tribunal under the judiciary.
Submission of Claims: If a claimant fails to reach a settlement through the Labour Relations Division's conciliation service, they can submit a claim to MECAB. Claims directly requesting arbitration without prior conciliation by the Labour Relations Division will not be accepted by MECAB.
Hearing of Claims: Hearings for minor employment claims are conducted publicly, and neither party is allowed to be represented by a lawyer. The decisions or orders made by the adjudicator are legally binding.
The situation of domestic helpers taking out loans is becoming increasingly serious. They have various channels and forms to obtain loans, making it difficult for employers to monitor.
Employers cannot directly dismiss a domestic helper for this reason. However, if personal loan issues cause harassment to the employer, the employer can issue a written warning stating that the personal issues are causing harassment and affecting the employer. The employer can require the domestic helper to resolve the related issues within the warning period. If the issues are not resolved, the employer can take immediate action to dismiss the domestic helper without compensation for notice, as it constitutes serious misconduct.
After dismissing the domestic helper, or if the domestic helper borrows money and then absconds, the employer should immediately fill out the "ID 407E" notice of termination of the domestic helper contract and submit it to the Immigration Department to confirm that the domestic helper has left or terminated the contract. Once the financial company receives the notification from the Immigration Department, it can no longer pursue the employer for the debt; otherwise, it will have its license revoked.
Employers should also refer to the original text of the relevant legislation and related websites, and consult the Labour Department in each district:
https://www.fdh.labour.gov.hk/tc/faq.html