聘請外傭前的準備

You must be a Hong Kong resident and have a household income of not less than HK$15,000 per month or equivalent assets to demonstrate sufficient financial capability to employ the foreign domestic helper for the entire contract period (i.e., two years).

In Hong Kong, the average size of residential units is relatively small, making it uncommon to provide a separate room for domestic helpers. However, employers should ensure that helpers are provided with suitable and reasonably private accommodation. Examples of inappropriate arrangements 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.

When hiring a domestic helper, employers must cover the necessary application fees and some recurring expenses. The application fees mainly consist of agency fees, which range from approximately HKD 6,000 to HKD 19,000. Additionally, employers need to provide the helper with round-trip airfare and comprehensive insurance. Recurring expenses include monthly salary, meals, and medical expenses (such as general outpatient visits for common illnesses like colds).

According to the Immigration Department's service pledge, 90% of applications for foreign domestic helpers are processed within six weeks after all necessary documents have been received.

Stages of Overseas Domestic Helper Application (With Passport and Document Process):

Step 1: Contact the helper or overseas agency to verify information and arrange a medical examination - approximately 21 days.

Step 2: Medical examination report (pass/fail). Basic examination details include tests for Hepatitis B, routine stool and urine tests, pregnancy test, syphilis, HIV, and tuberculosis antigen test - approximately 7 days.

Step 3: Apply for contract authentication at the consulate (if the client is on the consulate's watchlist: a meeting with consular staff is required) - approximately 7 to 21 days. *Note: For Filipino helpers, contract authentication can only be done after the visa is issued.

Step 4: Submit the application to the Hong Kong Immigration Department - approximately 3 days.

 

Step 5: The Immigration Department issues the visa and collects the documents (normal processing time: 6-8 weeks / additional documents: 8-12 weeks) - approximately 45 to 60 days.

Step 6: Send the visa to the home country (delivery time) (*not applicable for helpers who have completed their contract in Hong Kong) - approximately 5 to 15 days.

Step 7: Complete the local exit document procedures - approximately 15 to 45 days.

Step 8: Finalize exit documents and arrange the flight to Hong Kong - approximately 5 to 14 days.

Step 9: After the helper arrives in Hong Kong, arrange for a medical examination and a consulate orientation (attendance is mandatory) - approximately 5 to 14 days.

Step 10: The employer must notify the helper one day in advance to pick them up. The entire application process takes approximately 8 to 12 weeks.

To ensure a smooth application process, employers should keep in mind the following key points:

  1. Government Housing: If the employer currently resides in government-related housing, they must apply for a temporary residence permit from the district housing office. Forgetting to apply will delay the permit approval.

  2. Village House: If the current residence is a village house, water and electricity bills must be submitted. The bills should indicate residential usage; otherwise, the address does not qualify.

  3. Children Over 10: If the employer’s son is 10 years old or older, they may become a teenager during the contract period and cannot share a room. This would disqualify the application.

  4. Government Housing Conditions: The employer must have the right to reside in government housing to apply for a domestic helper. The employer and helper must live in the same house; otherwise, the application does not qualify.

When applying for the first time, employers can choose to hire a domestic helper from overseas or locally, depending on the required time. Additionally, when selecting the nationality, employers can decide based on the family's preference for a helper who primarily speaks Chinese or English. However, it is important to note that a domestic helper can only reduce the household workload and should not be relied upon entirely.

When applying for an additional domestic helper, employers must clearly specify the division of labor, accommodation arrangements, and holiday allocation for the new helper. Failure to do so may lead to misunderstandings among the helpers, resulting in resignations.

Male domestic helpers are often primarily responsible for tasks such as gardening, driving duties, and caring for elderly men, which require more physical strength. Hiring a male domestic helper requires sufficient justification to obtain approval for them to work in Hong Kong.

If an employer wants to hire a domestic helper from overseas, they cannot apply directly for the helper to come to Hong Kong. The application must be handled by a qualified agency. For helpers who have completed their contracts or are eligible for contract renewal in Hong Kong, employers can technically submit the application themselves. However, the process is complex, and the employer will be responsible for handling all documentation and any future disputes, which often leads to labor conflicts. Therefore, it is recommended to use a qualified agency to manage the process.

After completing their contract, most domestic helpers will continue working for the same employer. Only a small number will change employers, usually due to issues with the work environment. Indonesian domestic helpers typically start looking for a new employer about six months before their contract ends. On the other hand, employers should ask their helpers if they plan to stay on about 4 to 5 months before the contract ends. If the helper decides to leave, the employer should start looking for a replacement about 5 months before the contract ends to avoid any gaps in service.

Hiring foreign domestic helpers can present numerous challenges and difficulties. One might think that after selecting a candidate and beginning the paperwork, they can simply wait for the helper to arrive in Hong Kong or start the job. However, the variables are numerous, and until the helper steps into the household, there are still many uncertainties.

Health Check: For overseas applications, a health examination is crucial since all medical expenses of the helper are borne by the employer after they start the job. Therefore, it is important that the agency arranges a thorough medical examination for the helper. If conditions like high blood pressure, diabetes, or pregnancy are detected, it is advisable to consult with a doctor before making a decision.

Previous Work History: On the other hand, some helpers may have previously worked in Hong Kong but did not truthfully disclose this information. This might lead employers to believe that the helper is coming to work in Hong Kong for the first time. In such cases, employers need to consider the reliability and honesty of the helper before deciding whether to proceed with the application for their work visa.

An employment agency's business involves assisting individuals in finding work or providing staff to employers. Regardless of whether the individuals being introduced are working in Hong Kong or outside Hong Kong, agencies must obtain a license as an employment agency and comply with the requirements of Part XII of the Employment Ordinance and the Employment Agency Regulations.

According to industry estimates, from 2021 to the present, there have been around 1,400 agencies that have obtained employment agency licenses. Of these, approximately 300-400 agencies hold consulate-recognized licenses from countries like the Philippines and Indonesia. In the employment industry, you often hear about "small licenses" and "big licenses." Agencies that only have a license issued by the Labor Department are commonly referred to as "small licenses," whereas those that hold both a Labor Department license and a consulate-recognized license are known as "big licenses."

The role of a foreign domestic helper agency is to introduce prospective employers to applicants who are interested in working in Hong Kong. They facilitate mutual background understanding and arrange the signing of the "Standard Employment Contract" to establish the employment relationship.

The agency handles the necessary procedures with the Immigration Department and the consulate of the foreign domestic helper's country of origin in Hong Kong. Additionally, the agency coordinates with their overseas partners (referred to as "overseas agencies") to arrange medical examinations and pre-employment training for the helpers.

When selecting a foreign domestic helper, employers naturally hope to find a reliable employment agency. Generally, a quality employment agency can be verified through the Labour Department's Employment Agencies Portal. These agencies should have a sufficient number of applicants, provide professional advice, be familiar with relevant labor laws and regulations, be able to submit contracts directly to consulates, and have direct connections with overseas agencies. This ensures a certain level of security for employers.

In principle, agencies holding licenses from both the Labour Department and consulates (referred to as "big licenses") have higher operating costs. They need to renew their consulate licenses annually and pay related fees, and they also provide accommodation for helpers in Hong Kong. Here is where you can find information on various consulates:

Step 1: Labour Department Employment Agencies Portal 
https://www.eaa.labour.gov.hk/tc/search.php
https://www.eaa.labour.gov.hk/tc/links.html

Step 2: Consulate License Query:

  1. For company registration inquiries at the Philippine Consulate General in Hong Kong: https://mwohk-ph.com/hong-kong-agency/?agencyname=sincere+company
  2. For company registration inquiries at the Indonesian Consulate General in Hong Kong: https://hkea.cgrihk.com/index-search.html
  3. For inquiries at the Royal Thai Consulate-General in HongKong:https://www.protocol.gov.hk/tc/consular_detail.html?id=67
  4. For inquiries at the Consulate General of the People's Republic of Bangladesh in Hong Kong:https://www.protocol.gov.hk/tc/consular_detail.html?id=45
  5. For inquiries at the Consulate General of Cambodia in Hong Kong : https://www.protocol.gov.hk/tc/consular_detail.html?id=47
  6. For inquiries at the Honorary Consulate of Sri Lanka in Hong Kong : https://www.cma.org.hk/tc/menu/69/market-information/country/details/181

If an employment agency holds licenses in two places, it proves that they are a legitimate foreign domestic helper employment agency. You can confidently contact them to hire a helper.

You must be a Hong Kong resident and have a household income of not less than HK$15,000 per month or equivalent assets to demonstrate sufficient financial capability to employ the foreign domestic helper for the entire contract period (i.e., two years).

In Hong Kong, the average size of residential units is relatively small, making it uncommon to provide a separate room for domestic helpers. However, employers should ensure that helpers are provided with suitable and reasonably private accommodation. Examples of inappropriate arrangements 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.

When hiring a domestic helper, employers must cover the necessary application fees and some recurring expenses. The application fees mainly consist of agency fees, which range from approximately HKD 6,000 to HKD 19,000. Additionally, employers need to provide the helper with round-trip airfare and comprehensive insurance. Recurring expenses include monthly salary, meals, and medical expenses (such as general outpatient visits for common illnesses like colds).

According to the Immigration Department's service pledge, 90% of applications for foreign domestic helpers are processed within six weeks after all necessary documents have been received.

Stages of Overseas Domestic Helper Application (With Passport and Document Process):

Step 1: Contact the helper or overseas agency to verify information and arrange a medical examination - approximately 21 days.

Step 2: Medical examination report (pass/fail). Basic examination details include tests for Hepatitis B, routine stool and urine tests, pregnancy test, syphilis, HIV, and tuberculosis antigen test - approximately 7 days.

Step 3: Apply for contract authentication at the consulate (if the client is on the consulate's watchlist: a meeting with consular staff is required) - approximately 7 to 21 days. *Note: For Filipino helpers, contract authentication can only be done after the visa is issued.

Step 4: Submit the application to the Hong Kong Immigration Department - approximately 3 days.

 

Step 5: The Immigration Department issues the visa and collects the documents (normal processing time: 6-8 weeks / additional documents: 8-12 weeks) - approximately 45 to 60 days.

Step 6: Send the visa to the home country (delivery time) (*not applicable for helpers who have completed their contract in Hong Kong) - approximately 5 to 15 days.

Step 7: Complete the local exit document procedures - approximately 15 to 45 days.

Step 8: Finalize exit documents and arrange the flight to Hong Kong - approximately 5 to 14 days.

Step 9: After the helper arrives in Hong Kong, arrange for a medical examination and a consulate orientation (attendance is mandatory) - approximately 5 to 14 days.

Step 10: The employer must notify the helper one day in advance to pick them up. The entire application process takes approximately 8 to 12 weeks.

To ensure a smooth application process, employers should keep in mind the following key points:

  1. Government Housing: If the employer currently resides in government-related housing, they must apply for a temporary residence permit from the district housing office. Forgetting to apply will delay the permit approval.

  2. Village House: If the current residence is a village house, water and electricity bills must be submitted. The bills should indicate residential usage; otherwise, the address does not qualify.

  3. Children Over 10: If the employer’s son is 10 years old or older, they may become a teenager during the contract period and cannot share a room. This would disqualify the application.

  4. Government Housing Conditions: The employer must have the right to reside in government housing to apply for a domestic helper. The employer and helper must live in the same house; otherwise, the application does not qualify.

When applying for the first time, employers can choose to hire a domestic helper from overseas or locally, depending on the required time. Additionally, when selecting the nationality, employers can decide based on the family's preference for a helper who primarily speaks Chinese or English. However, it is important to note that a domestic helper can only reduce the household workload and should not be relied upon entirely.

When applying for an additional domestic helper, employers must clearly specify the division of labor, accommodation arrangements, and holiday allocation for the new helper. Failure to do so may lead to misunderstandings among the helpers, resulting in resignations.

Male domestic helpers are often primarily responsible for tasks such as gardening, driving duties, and caring for elderly men, which require more physical strength. Hiring a male domestic helper requires sufficient justification to obtain approval for them to work in Hong Kong.

If an employer wants to hire a domestic helper from overseas, they cannot apply directly for the helper to come to Hong Kong. The application must be handled by a qualified agency. For helpers who have completed their contracts or are eligible for contract renewal in Hong Kong, employers can technically submit the application themselves. However, the process is complex, and the employer will be responsible for handling all documentation and any future disputes, which often leads to labor conflicts. Therefore, it is recommended to use a qualified agency to manage the process.

After completing their contract, most domestic helpers will continue working for the same employer. Only a small number will change employers, usually due to issues with the work environment. Indonesian domestic helpers typically start looking for a new employer about six months before their contract ends. On the other hand, employers should ask their helpers if they plan to stay on about 4 to 5 months before the contract ends. If the helper decides to leave, the employer should start looking for a replacement about 5 months before the contract ends to avoid any gaps in service.

Hiring foreign domestic helpers can present numerous challenges and difficulties. One might think that after selecting a candidate and beginning the paperwork, they can simply wait for the helper to arrive in Hong Kong or start the job. However, the variables are numerous, and until the helper steps into the household, there are still many uncertainties.

Health Check: For overseas applications, a health examination is crucial since all medical expenses of the helper are borne by the employer after they start the job. Therefore, it is important that the agency arranges a thorough medical examination for the helper. If conditions like high blood pressure, diabetes, or pregnancy are detected, it is advisable to consult with a doctor before making a decision.

Previous Work History: On the other hand, some helpers may have previously worked in Hong Kong but did not truthfully disclose this information. This might lead employers to believe that the helper is coming to work in Hong Kong for the first time. In such cases, employers need to consider the reliability and honesty of the helper before deciding whether to proceed with the application for their work visa.

An employment agency's business involves assisting individuals in finding work or providing staff to employers. Regardless of whether the individuals being introduced are working in Hong Kong or outside Hong Kong, agencies must obtain a license as an employment agency and comply with the requirements of Part XII of the Employment Ordinance and the Employment Agency Regulations.

According to industry estimates, from 2021 to the present, there have been around 1,400 agencies that have obtained employment agency licenses. Of these, approximately 300-400 agencies hold consulate-recognized licenses from countries like the Philippines and Indonesia. In the employment industry, you often hear about "small licenses" and "big licenses." Agencies that only have a license issued by the Labor Department are commonly referred to as "small licenses," whereas those that hold both a Labor Department license and a consulate-recognized license are known as "big licenses."

The role of a foreign domestic helper agency is to introduce prospective employers to applicants who are interested in working in Hong Kong. They facilitate mutual background understanding and arrange the signing of the "Standard Employment Contract" to establish the employment relationship.

The agency handles the necessary procedures with the Immigration Department and the consulate of the foreign domestic helper's country of origin in Hong Kong. Additionally, the agency coordinates with their overseas partners (referred to as "overseas agencies") to arrange medical examinations and pre-employment training for the helpers.

When selecting a foreign domestic helper, employers naturally hope to find a reliable employment agency. Generally, a quality employment agency can be verified through the Labour Department's Employment Agencies Portal. These agencies should have a sufficient number of applicants, provide professional advice, be familiar with relevant labor laws and regulations, be able to submit contracts directly to consulates, and have direct connections with overseas agencies. This ensures a certain level of security for employers.

In principle, agencies holding licenses from both the Labour Department and consulates (referred to as "big licenses") have higher operating costs. They need to renew their consulate licenses annually and pay related fees, and they also provide accommodation for helpers in Hong Kong. Here is where you can find information on various consulates:

Step 1: Labour Department Employment Agencies Portal 
https://www.eaa.labour.gov.hk/tc/search.php
https://www.eaa.labour.gov.hk/tc/links.html

Step 2: Consulate License Query:

  1. For company registration inquiries at the Philippine Consulate General in Hong Kong: https://mwohk-ph.com/hong-kong-agency/?agencyname=sincere+company
  2. For company registration inquiries at the Indonesian Consulate General in Hong Kong: https://hkea.cgrihk.com/index-search.html
  3. For inquiries at the Royal Thai Consulate-General in HongKong:https://www.protocol.gov.hk/tc/consular_detail.html?id=67
  4. For inquiries at the Consulate General of the People's Republic of Bangladesh in Hong Kong:https://www.protocol.gov.hk/tc/consular_detail.html?id=45
  5. For inquiries at the Consulate General of Cambodia in Hong Kong : https://www.protocol.gov.hk/tc/consular_detail.html?id=47
  6. For inquiries at the Honorary Consulate of Sri Lanka in Hong Kong : https://www.cma.org.hk/tc/menu/69/market-information/country/details/181

If an employment agency holds licenses in two places, it proves that they are a legitimate foreign domestic helper employment agency. You can confidently contact them to hire a helper.

外傭到港後須辦理的手續

Foreign domestic helpers must register for an identity card within 30 days of arriving in Hong Kong. In daily life, you will often need to show your identity card to prove your status as a Hong Kong resident. Therefore, it is important to keep your identity card safe. Additionally, the law requires individuals aged 15 or above to carry their identity card at all times.

Currently, foreign domestic helpers can use online services to make an appointment. Before going to the Registration of Persons Office, you must bring the necessary documents, such as the employment contract, entry visa, and passport.

Web Site: https://www.gov.hk/tc/residents/immigration/idcard/hkic/bookregidcard.htm

If your identity card is lost, destroyed, damaged, or defaced, you must report it and apply for a replacement at any Registration of Persons Office (except the temporary office in Kwun Tong) within 14 days. If you lose your identity card outside Hong Kong, you must report it and apply for a replacement within 14 days of your return to Hong Kong. In cases of damage or defacement, you must return the damaged or defaced identity card to the registration officer. The fee for replacing an identity card is HK$370. If you urgently need to replace your identity card due to loss, destruction, damage, or defacement, you can go to the Registration of Persons Office without an appointment during regular service hours, and the staff will assist you based on your individual circumstances.

Once the domestic helpers arrive in Hong Kong, they must report to their respective consulates to familiarize themselves with life in Hong Kong and understand how to handle emergencies. The "Welcome Meetings" at the various consulates are scheduled as follows:

  • Indonesian Consulate's Welcome Meeting: Online appointment, every Tuesday from 3:00 PM to 5:00 PM.

  • Philippine Consulate's Welcome Meeting: Online appointment required.

  • Bangladesh Consulate's Welcome Meeting: Phone appointment after arrival.

Many Hong Kong residents employ foreign domestic helpers and are concerned about their health. Generally, before starting work or arriving in Hong Kong, domestic helpers are required to undergo a medical examination either in their home country or during the application process in Hong Kong. After arrival or upon completion of the application, employers will arrange another medical examination to ensure there are no pregnancies or infectious diseases. With the global outbreak of COVID-19 in 2020, employers have become even more concerned about the health of their domestic helpers. Employment agencies recommend the following basic health checks:

  • Routine urine test

  • Routine stool test

  • Pregnancy test

  • Syphilis serology test

  • Hepatitis B surface antigen test

  • HIV antibody test

  • Tuberculosis antibody test

However, due to the window period for pregnancy, it may not be effectively detected initially. It is advisable to conduct another pregnancy test three weeks after the domestic helper's arrival in Hong Kong to ensure accuracy.

 

The Employees' Compensation Ordinance stipulates that employers must insure their domestic helpers with an employee compensation insurance policy (also known as labor insurance) with a coverage of not less than HKD 100 million. If the employer hires a foreign domestic helper, according to the standard employment contract of the Immigration Department, the employer must provide free medical care for the helper during the employment period, regardless of whether the illness or injury is work-related. This means that if the employer does not insure the helper, they must bear the medical expenses themselves.

According to the Insurance Authority, domestic helper insurance mainly covers three areas: first, statutory employee compensation insurance (or labor insurance); second, a range of medical benefits such as outpatient, hospitalization, physiotherapy, bone-setting, and dental care, depending on the specific product; and finally, protection against losses incurred by the employer due to fraud, dishonesty, and personal liability of the helper.

The policyholder must be the employer specified in the employment contract, otherwise, the policy may become invalid. If you change the insured helper during the coverage period, you can handle the name change procedure with the insurance company. Generally, employers can transfer the insured person on the policy to the newly hired helper. Domestic helper insurance may have a waiting period for certain coverages, such as critical illness and medical benefits. If your helper incurs medical expenses due to illness or injury during the waiting period, you will need to bear the costs yourself.

Many people have questions about the fees for foreign domestic helpers using public hospital services in Hong Kong. In fact, as long as the helper holds a Hong Kong identity card issued under the Registration of Persons Ordinance, they are considered "eligible persons" and only need to pay the same fees as local residents when using public hospital services. According to the Hospital Authority, the daily inpatient fee for convalescent/rehabilitation, infirmary, and psychiatric beds is HKD 100, while the admission fee for acute beds is HKD 75 and the daily inpatient fee is HKD 120.

Remember, the terms and conditions of each insurance company may vary, so it is essential to check directly with the relevant websites or insurance professionals.

During the two-year contract period, some issues may arise that need to be handled by the employer:

Visa Expiry Issue: If the domestic helper's passport is valid for less than two years during the contract period, their work visa will expire one month before the passport's expiration date. This does not mean the contract is prematurely terminated. The domestic helper must obtain a new passport and then arrange to extend the remaining work visa. This can be done online or through an agency.

外傭過境問題 續約或轉約的外傭, 在履行新合約時, 根據《標準僱傭合約》內的第十三條, 僱主須讓外傭返回其原居地放取不少於七天的有薪/無薪假期, 費用由僱主支付. 但有部份僱主急需要外傭幫忙, 因此, 要求外傭延期一年內回國放假. 其實, 入境處所指意思是, 外傭在合約生效後, 須在一年期內的指定日期完成出境及入境, 有些僱主誤會只須要出境, 入境時就有問題. 還有一些外傭忘記了回鄉, 一直留在香港, 簽證直接在香港失效. 這種情況下, 僱主可以到入境處申請延期, 但也須要滿足在一星期內離境的程序. 而滯留在海外的外傭, 僱主可以為外傭申請入境工作簽證, 但須時較長, 約2-3星期左右, 等到新簽證批出才訂機票或將機票改期. (in English)

Issues with Domestic Helpers' Border Crossing

For domestic helpers renewing or changing contracts, according to Clause 13 of the Standard Employment Contract, employers must allow the helper to return to their home country for at least seven days of paid or unpaid leave, with expenses covered by the employer. However, some employers urgently need the helper's assistance and request them to delay their home leave within a year. The Immigration Department's requirement is that the helper must complete both exit and re-entry within the specified date in the first year of the contract. Some employers mistakenly believe only exit is required, leading to issues upon re-entry.

Additionally, some helpers forget to return home and stay in Hong Kong, causing their visa to expire locally. In such cases, employers can apply for an extension at the Immigration Department but must ensure the helper leaves within a week. For helpers stranded overseas, employers can apply for a work visa, which takes about 2-3 weeks. Only after the new visa is issued should flight tickets be booked or rescheduled.

Passport Issues for Domestic Helpers

If a domestic helper's passport is set to expire during the contract period, even if they have completed the exit and re-entry procedures, they must still extend their work visa at the Immigration Department to cover the entire contract period. Immigration officers may issue a work visa that expires one month before the passport's expiration date. It is advisable for the helper to obtain a new passport before completing the exit and re-entry procedures. Generally, immigration officers will extend the work visa to match the contract period, but there can be exceptions. It is essential to check the work visa dates in the passport after completing the exit and re-entry procedures to ensure they align with the contract end date.

Since each consulate has different procedures for renewing domestic helpers' passports, you can directly inquire at the relevant consulate or visit the following websites for more information:

The Philippine Consulate General in Hong Kong is located at:

https://hongkongpcg.dfa.gov.ph/

Indonesian Consulate General in Hong Kong is located at: https://kemlu.go.id/hongkong/id/pages/pengumuman_booking_paspor/227/about-service

The Royal Thai Consulate-General in Hong Kong is located at:https://www.protocol.gov.hk/tc/consular_detail.html?id=67

The Consulate General of Bangladesh in Hong Kong is located at:https://www.protocol.gov.hk/tc/consular_detail.html?id=45

The Royal Consulate General of Cambodia in Hong Kong is located at: https://www.protocol.gov.hk/tc/consular_detail.html?id=47

The Honorary Consulate of Sri Lanka in Hong Kong is located at :

https://www.cma.org.hk/tc/menu/69/market-information/country/details/181

Foreign domestic helpers must register for an identity card within 30 days of arriving in Hong Kong. In daily life, you will often need to show your identity card to prove your status as a Hong Kong resident. Therefore, it is important to keep your identity card safe. Additionally, the law requires individuals aged 15 or above to carry their identity card at all times.

Currently, foreign domestic helpers can use online services to make an appointment. Before going to the Registration of Persons Office, you must bring the necessary documents, such as the employment contract, entry visa, and passport.

Web Site: https://www.gov.hk/tc/residents/immigration/idcard/hkic/bookregidcard.htm

If your identity card is lost, destroyed, damaged, or defaced, you must report it and apply for a replacement at any Registration of Persons Office (except the temporary office in Kwun Tong) within 14 days. If you lose your identity card outside Hong Kong, you must report it and apply for a replacement within 14 days of your return to Hong Kong. In cases of damage or defacement, you must return the damaged or defaced identity card to the registration officer. The fee for replacing an identity card is HK$370. If you urgently need to replace your identity card due to loss, destruction, damage, or defacement, you can go to the Registration of Persons Office without an appointment during regular service hours, and the staff will assist you based on your individual circumstances.

Once the domestic helpers arrive in Hong Kong, they must report to their respective consulates to familiarize themselves with life in Hong Kong and understand how to handle emergencies. The "Welcome Meetings" at the various consulates are scheduled as follows:

  • Indonesian Consulate's Welcome Meeting: Online appointment, every Tuesday from 3:00 PM to 5:00 PM.

  • Philippine Consulate's Welcome Meeting: Online appointment required.

  • Bangladesh Consulate's Welcome Meeting: Phone appointment after arrival.

Many Hong Kong residents employ foreign domestic helpers and are concerned about their health. Generally, before starting work or arriving in Hong Kong, domestic helpers are required to undergo a medical examination either in their home country or during the application process in Hong Kong. After arrival or upon completion of the application, employers will arrange another medical examination to ensure there are no pregnancies or infectious diseases. With the global outbreak of COVID-19 in 2020, employers have become even more concerned about the health of their domestic helpers. Employment agencies recommend the following basic health checks:

  • Routine urine test

  • Routine stool test

  • Pregnancy test

  • Syphilis serology test

  • Hepatitis B surface antigen test

  • HIV antibody test

  • Tuberculosis antibody test

However, due to the window period for pregnancy, it may not be effectively detected initially. It is advisable to conduct another pregnancy test three weeks after the domestic helper's arrival in Hong Kong to ensure accuracy.

 

The Employees' Compensation Ordinance stipulates that employers must insure their domestic helpers with an employee compensation insurance policy (also known as labor insurance) with a coverage of not less than HKD 100 million. If the employer hires a foreign domestic helper, according to the standard employment contract of the Immigration Department, the employer must provide free medical care for the helper during the employment period, regardless of whether the illness or injury is work-related. This means that if the employer does not insure the helper, they must bear the medical expenses themselves.

According to the Insurance Authority, domestic helper insurance mainly covers three areas: first, statutory employee compensation insurance (or labor insurance); second, a range of medical benefits such as outpatient, hospitalization, physiotherapy, bone-setting, and dental care, depending on the specific product; and finally, protection against losses incurred by the employer due to fraud, dishonesty, and personal liability of the helper.

The policyholder must be the employer specified in the employment contract, otherwise, the policy may become invalid. If you change the insured helper during the coverage period, you can handle the name change procedure with the insurance company. Generally, employers can transfer the insured person on the policy to the newly hired helper. Domestic helper insurance may have a waiting period for certain coverages, such as critical illness and medical benefits. If your helper incurs medical expenses due to illness or injury during the waiting period, you will need to bear the costs yourself.

Many people have questions about the fees for foreign domestic helpers using public hospital services in Hong Kong. In fact, as long as the helper holds a Hong Kong identity card issued under the Registration of Persons Ordinance, they are considered "eligible persons" and only need to pay the same fees as local residents when using public hospital services. According to the Hospital Authority, the daily inpatient fee for convalescent/rehabilitation, infirmary, and psychiatric beds is HKD 100, while the admission fee for acute beds is HKD 75 and the daily inpatient fee is HKD 120.

Remember, the terms and conditions of each insurance company may vary, so it is essential to check directly with the relevant websites or insurance professionals.

During the two-year contract period, some issues may arise that need to be handled by the employer:

Visa Expiry Issue: If the domestic helper's passport is valid for less than two years during the contract period, their work visa will expire one month before the passport's expiration date. This does not mean the contract is prematurely terminated. The domestic helper must obtain a new passport and then arrange to extend the remaining work visa. This can be done online or through an agency.

外傭過境問題 續約或轉約的外傭, 在履行新合約時, 根據《標準僱傭合約》內的第十三條, 僱主須讓外傭返回其原居地放取不少於七天的有薪/無薪假期, 費用由僱主支付. 但有部份僱主急需要外傭幫忙, 因此, 要求外傭延期一年內回國放假. 其實, 入境處所指意思是, 外傭在合約生效後, 須在一年期內的指定日期完成出境及入境, 有些僱主誤會只須要出境, 入境時就有問題. 還有一些外傭忘記了回鄉, 一直留在香港, 簽證直接在香港失效. 這種情況下, 僱主可以到入境處申請延期, 但也須要滿足在一星期內離境的程序. 而滯留在海外的外傭, 僱主可以為外傭申請入境工作簽證, 但須時較長, 約2-3星期左右, 等到新簽證批出才訂機票或將機票改期. (in English)

Issues with Domestic Helpers' Border Crossing

For domestic helpers renewing or changing contracts, according to Clause 13 of the Standard Employment Contract, employers must allow the helper to return to their home country for at least seven days of paid or unpaid leave, with expenses covered by the employer. However, some employers urgently need the helper's assistance and request them to delay their home leave within a year. The Immigration Department's requirement is that the helper must complete both exit and re-entry within the specified date in the first year of the contract. Some employers mistakenly believe only exit is required, leading to issues upon re-entry.

Additionally, some helpers forget to return home and stay in Hong Kong, causing their visa to expire locally. In such cases, employers can apply for an extension at the Immigration Department but must ensure the helper leaves within a week. For helpers stranded overseas, employers can apply for a work visa, which takes about 2-3 weeks. Only after the new visa is issued should flight tickets be booked or rescheduled.

Passport Issues for Domestic Helpers

If a domestic helper's passport is set to expire during the contract period, even if they have completed the exit and re-entry procedures, they must still extend their work visa at the Immigration Department to cover the entire contract period. Immigration officers may issue a work visa that expires one month before the passport's expiration date. It is advisable for the helper to obtain a new passport before completing the exit and re-entry procedures. Generally, immigration officers will extend the work visa to match the contract period, but there can be exceptions. It is essential to check the work visa dates in the passport after completing the exit and re-entry procedures to ensure they align with the contract end date.

Since each consulate has different procedures for renewing domestic helpers' passports, you can directly inquire at the relevant consulate or visit the following websites for more information:

The Philippine Consulate General in Hong Kong is located at:

https://hongkongpcg.dfa.gov.ph/

Indonesian Consulate General in Hong Kong is located at: https://kemlu.go.id/hongkong/id/pages/pengumuman_booking_paspor/227/about-service

The Royal Thai Consulate-General in Hong Kong is located at:https://www.protocol.gov.hk/tc/consular_detail.html?id=67

The Consulate General of Bangladesh in Hong Kong is located at:https://www.protocol.gov.hk/tc/consular_detail.html?id=45

The Royal Consulate General of Cambodia in Hong Kong is located at: https://www.protocol.gov.hk/tc/consular_detail.html?id=47

The Honorary Consulate of Sri Lanka in Hong Kong is located at :

https://www.cma.org.hk/tc/menu/69/market-information/country/details/181

僱傭合約ID 407及僱傭法例

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:

  1. The window being cleaned must have window grilles installed, and these grilles must be locked or secured to prevent them from being opened.

  2. 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

  • 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.

  • 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:

  1. 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.

  2. Absence from Work: Deductions can be made for actual periods of absence.

  3. Advance Payments: Any advance payments made to the helper can be deducted.

  4. 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

  1. Salary: Any unpaid wages up to the termination date.

  2. 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.

  3. Annual Leave: Compensation for any accrued but unused annual leave, provided the helper has completed at least three months of service.

  4. Travel Allowance: A daily travel allowance of HKD 100 for the return journey.

  5. Return Airfare: The cost of a return airfare, including 20 kg of checked luggage.

  6. 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

  • A female foreign domestic helper is entitled to 14 consecutive weeks of paid maternity leave if she meets the following conditions:

    1. She has been employed for no less than 40 weeks before the scheduled maternity leave begins.

    2. She has notified the employer of her pregnancy and intention to take maternity leave, for example, by presenting a medical certificate confirming the pregnancy.

    3. 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

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:

  1. The window being cleaned must have window grilles installed, and these grilles must be locked or secured to prevent them from being opened.

  2. 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

  • 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.

  • 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:

  1. 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.

  2. Absence from Work: Deductions can be made for actual periods of absence.

  3. Advance Payments: Any advance payments made to the helper can be deducted.

  4. 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

  1. Salary: Any unpaid wages up to the termination date.

  2. 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.

  3. Annual Leave: Compensation for any accrued but unused annual leave, provided the helper has completed at least three months of service.

  4. Travel Allowance: A daily travel allowance of HKD 100 for the return journey.

  5. Return Airfare: The cost of a return airfare, including 20 kg of checked luggage.

  6. 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

  • A female foreign domestic helper is entitled to 14 consecutive weeks of paid maternity leave if she meets the following conditions:

    1. She has been employed for no less than 40 weeks before the scheduled maternity leave begins.

    2. She has notified the employer of her pregnancy and intention to take maternity leave, for example, by presenting a medical certificate confirming the pregnancy.

    3. 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

外傭的續約及解約

Renewal of Domestic Helper Application Process (In Hong Kong for Contract Renewal or Termination Document Process)

Step 1: Contact the domestic helper to arrange a medical examination. The basic medical examination includes tests for Hepatitis B, routine stool and urine tests, pregnancy test, syphilis, HIV, and tuberculosis antigen test. This process takes about 3 days.

Step 2: Apply for contract authentication at the consulate (if the client is on the consulate's watchlist: a meeting with consular personnel is required) - approximately 7 to 21 days. Note: For Filipino domestic helpers, contract authentication can only be done after the visa is issued.

Step 3: Submit the application to the Hong Kong Immigration Department - this process takes about 3 days.

Step 4: The Immigration Department issues the visa and collects the documents (for clients: normally within 6-8 weeks / with additional documents 8-12 weeks) - approximately 45 to 60 days.

Step 5: a. For renewing domestic helpers who need to return to their home country immediately, they must complete the local exit document procedures - this takes about 2 to 3 days (Filipino domestic helpers must apply for the OEC local exit document before leaving Hong Kong). or b. For domestic helpers who are postponing their return for a year, they can start working at the employer's home immediately after the visa is issued - same day. or c. For terminated domestic helpers in Hong Kong, send the visa to their home country (courier time) (applicable to terminated domestic helpers in Hong Kong) - this takes about 5 to 15 days.

Step 6: After the domestic helper arrives in Hong Kong (for cases a and c), they can go directly to the employer's home - same day.

The entire application process takes about 8 to 12 weeks, depending on whether the domestic helper postpones their vacation for a year or returns to their home country immediately for vacation.

 

For employers, renewing the contract with the current domestic helper is the best option. Firstly, the renewal cost is relatively cheaper. Additionally, the domestic helper is already fully familiar with the daily life and arrangements of the household.

However, there are some issues to consider. If the domestic helper has worked for 2 years, the employer should evaluate the helper's performance before deciding whether to renew the contract. After a 24-month contract, there will be issues related to long service payment or severance pay. If the employer has been very satisfied with the helper's performance, then renewal is a natural choice. However, if the performance has been mediocre and worsens by the fifth year, the employer might decide to terminate the employment relationship, which could result in a loss for the employer.

 

If the employer decides not to renew the contract, they should start selecting a new domestic helper within 4 to 5 months to avoid a gap period. For example, for Filipino domestic helpers, the overseas application process takes about 2 to 3 months. For Indonesian domestic helpers, the application process is longer, taking about 4 to 5 months to complete.

Within 42 days before the contract ends, the Immigration Department accepts applications for changing employers upon contract completion. However, the employer must notify the domestic helper one month in advance; otherwise, the domestic helper has the right to claim compensation for the notice period.

Renewal of Domestic Helper Application Process (In Hong Kong for Contract Renewal or Termination Document Process)

Step 1: Contact the domestic helper to arrange a medical examination. The basic medical examination includes tests for Hepatitis B, routine stool and urine tests, pregnancy test, syphilis, HIV, and tuberculosis antigen test. This process takes about 3 days.

Step 2: Apply for contract authentication at the consulate (if the client is on the consulate's watchlist: a meeting with consular personnel is required) - approximately 7 to 21 days. Note: For Filipino domestic helpers, contract authentication can only be done after the visa is issued.

Step 3: Submit the application to the Hong Kong Immigration Department - this process takes about 3 days.

Step 4: The Immigration Department issues the visa and collects the documents (for clients: normally within 6-8 weeks / with additional documents 8-12 weeks) - approximately 45 to 60 days.

Step 5: a. For renewing domestic helpers who need to return to their home country immediately, they must complete the local exit document procedures - this takes about 2 to 3 days (Filipino domestic helpers must apply for the OEC local exit document before leaving Hong Kong). or b. For domestic helpers who are postponing their return for a year, they can start working at the employer's home immediately after the visa is issued - same day. or c. For terminated domestic helpers in Hong Kong, send the visa to their home country (courier time) (applicable to terminated domestic helpers in Hong Kong) - this takes about 5 to 15 days.

Step 6: After the domestic helper arrives in Hong Kong (for cases a and c), they can go directly to the employer's home - same day.

The entire application process takes about 8 to 12 weeks, depending on whether the domestic helper postpones their vacation for a year or returns to their home country immediately for vacation.

 

For employers, renewing the contract with the current domestic helper is the best option. Firstly, the renewal cost is relatively cheaper. Additionally, the domestic helper is already fully familiar with the daily life and arrangements of the household.

However, there are some issues to consider. If the domestic helper has worked for 2 years, the employer should evaluate the helper's performance before deciding whether to renew the contract. After a 24-month contract, there will be issues related to long service payment or severance pay. If the employer has been very satisfied with the helper's performance, then renewal is a natural choice. However, if the performance has been mediocre and worsens by the fifth year, the employer might decide to terminate the employment relationship, which could result in a loss for the employer.

 

If the employer decides not to renew the contract, they should start selecting a new domestic helper within 4 to 5 months to avoid a gap period. For example, for Filipino domestic helpers, the overseas application process takes about 2 to 3 months. For Indonesian domestic helpers, the application process is longer, taking about 4 to 5 months to complete.

Within 42 days before the contract ends, the Immigration Department accepts applications for changing employers upon contract completion. However, the employer must notify the domestic helper one month in advance; otherwise, the domestic helper has the right to claim compensation for the notice period.

其它外傭問題

可使用香港政府提供之法定僱傭權益參考計算機程式作參考。

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