• Points to Note on the Employment of Foreign Domestic Helpers
  • Renewal & Termination of the Employment Contract

Points to Note on the Employment of Foreign Domestic Helpers

Application Fee

As per provisions of the Employment Contract, the employer shall pay all fees for the domestic helper from abroad (hereinafter referred to as “the Helper”), including: medical examination fee, contract fee, visa fee, document handling fee and air ticket fee. If the employer does not pay above fees upon application, the Helper can claim the employer for them after the arrival at Hong Kong.

Insurance Arrangement

From the arrival date of the Helper at Hong Kong, the employer shall take out labour insurance policy for the Helper, and otherwise the employer shall be guilty of an offence and sentenced to a maximum penalty of imprisonment and fine. In the course of employment, the employer shall offer the Helper labour insurance and free medical treatment (including: medical consultation, hospital maintenances and emergency dental treatment). After the arrival at Hong Kong, the Helper shall get Hong Kong Identity Card within one month so as to receive the medical treatment at governmental public hospitals upon sickness, and otherwise the hospital will consider the Helper as traveler and then charge very expensive medical treatment fee, which shall also be paid by the employer. Although the Helper of Hong Kong Identity Card is entitled to the benefit of public medical treatment and there are yet no current express provisions that the employer shall take out medical treatment insurance policy for his/her helper, we still propose that the employer can take out medical treatment insurance policy for the Helper after the arrival at Hong Kong, so as to avoid unnecessary medical treatment expenditure.

Insurance Coverage

As per provisions of the Employment Contract, the employer shall be liable for the following fee (the following fee is normally covered by domestic helper comprehensive insurance of very reasonable insurance premium):

  1. i. Medical treatment fee for casualty and all diseases of the Helper (including: hospital maintenance and dental treatment);
  2. ii. If the Helper suffers accident or occupational disease in the course of employment, the employer shall compensate the Helper as per Chapter 282 of Employees’ Compensation Ordinance;
  3. iii. If the Helper dies at work (e.g. fire at home work) or not at work (e.g. traffic accident at leave outgoing), the employer shall pay the cost of transporting the Helper's remains and personal appropriately from Hong Kong to his/her place of origin.

Sickness Allowance and Medical Treatment Fee

Under the following circumstances, the employer shall pay sickness allowance for the Helper:

  1. The Helper has accumulated sufficient number of paid sickness days;
  2. The sick leave taken is not less than 4 consecutive days; and
  3. The sick leave is supported by an appropriate medical certificate

Arrangement of Accommodation and Food

The employer shall freely offer the Helper appropriate accommodation (i.e. a fixed bed in a fixed room), daily necessities and winter clothing. The basic human rights of the Helper will be breached under the following conditions of accommodation: sleep on made-on beds (mountable at night but dismountable in the morning) in sitting room or kitchen; share a room with the adult of opposite sex; and sleep on the wooden plate above bathtub. In addition, the employer shall freely offer the Helper appropriate food (i.e. sufficient and reasonable food), and otherwise shall pay a monthly food allowance of not less than HK$1,196;

Wage

As per the provisions of the Labour Department, minimum allowable wage is set as HK$4,730 after Oct 1, 2022, which is applicable for the Employment Contract signed at or after Oct 1, 2022 (old contract monthly wage is HK$4,630). If the employer pays the Helper a wage of less than this minimum allowable wage, he/she shall be guilty of an offence and sentenced to a maximum penalty of imprisonment and fine, and shall pay the wage in arrears and corresponding interest to the Helper. If the Helper accepts a monthly wage of less than HK$4,730, he/she shall be guilty of an offence and sentenced to imprisonment and fine. In addition, the employer does not necessarily pay mandatory provident fund, year-end double-wage or bonus.

Wage Payment Date

The employer can discuss and agree with the Helper on the wage payment date (e.g. calculated from 1st day of employment). As per Hong Kong ordinances, the wage shall be paid within 7 days after the agreed wage payment date. For example, if the Helper commences the employment on the 20th day of a certain month, the employer can pay the wage within 7 day after the 19th day of every month. We propose that the employer shall require the Helper for acknowledging in the same pattern as per the Employment Contract at the receipt of wage and holiday compensation, and keep relevant documents for not less than 6 years. The employer is advised to pay the wage by cheque payable to the name of the Helper name, make the receipt indicating cheque No., and require the Helper to acknowledge the receipt of this cheque.

Work Scope

The Helper shall work in the residential address specified in the Employment Contract, must not work in part-time terms or in the address not specified in the Employment Contract, and shall work within the range of domestic duties (e.g. ordinary domestic duties, cooking, old man/child/baby/pet caring, and car washing); and otherwise the Helper shall be guilty of an offence. And the Helper is entitled to refuse to perform domestic duties or non-domestic duties in other work places (e.g. wash and sweep the shop of the employer).

Contractual Termination

The Employment Contract is valid for two years from the arrival date of the Helper at Hong Kong. As a rescindable contract, either party can terminate the Employment Contract at any time under reasonable circumstances, by notifying the other party in advance of one month or compensating the other party at the amount of monthly wage. No matter the Helper resigns or is dismissed or the Employment Contract is expired, the employer shall pay all payable wage, traveling/food allowance and holiday compensation. The employer shall also offer the Helper a single air ticket for returning to place of origin, and a daily HK$100 of traffic/food allowance for leaving Hong Kong through the same requirements as past arriving at Hong Kong from place of origin. The employer shall take the Helper to the employment agency for handling relevant termination procedures. The employer shall, within seven days after the termination, notify the Immigration Department in writing of the termination date, complete relevant contents (e.g. Identity Card No. of the Helper and the employer; Employment Contract No.; passport/visa No. of the Helper; and residential address), and keep the copy for recording. The obligations of the employer stop summarily after the written notifying of the Immigration Department, unless relevant institutions require his/her assistance under special circumstances. As per current Immigration Ordinance, the terminated helper is entitled to stay at Hong Kong for additionally not more than 14 days or subject to visa validity (whichever is earlier), and in no connection with the employer.

Severance Payment

The employer shall grant severance payment, if the Helper:

  1. Has served this employer for not less than 24 months;
  2. Is dismissed due to the redundancy, or is not renewed due to the redundancy after the expiry of the Employment Contract.

Long-service Payment

If the Helper has served the employer for more than five years, the employer can terminate or not renew the Employment Contract, and then shall pay a long-service payment. (long-service payment = wage for last month × 2/3 × service period).

Freedom of Religious belief

The Helper is entitled to freedom of religious belief.

Personal Properties

The personal incoming/outgoing letters/goods of the Helper must not be detained or destroyed.

Wage Deduction

The employer can make deductions from the wage of the Helper only under the following circumstances:

  1. Deduction for absence from work not exceeding a sum proportionate to the period of absence;
  2. ii. Deduction for damage of the employer’s goods, at a compensation per item of not more than HK$300 (and then these goods are owned by the Helper), but at a total of not more than one quarter of the wages payable to the Helper in that wage period;
  3. iii. Deduction for recovery of any advance payment of wages made by the employer to the helper, but at a total of not more than one quarter of the wages payable to the Helper in that wage period.

For any payment of wages or loaning to the Helper, the employer is advised to require the Helper to acknowledge the receipt so as to avoid the future dispute. If the employer unlawfully makes deductions from the wage of the Helper, he/she shall be guilty of an offence and sentenced to a maximum one-year imprisonment and HK$100,000 fine.

Passport of the Helper

The employer shall pay close attention to the expiry date of the Helper’s passport, and remind the Helper to apply new passport two months before its expiry. After the obtaining of new passport, the Helper shall renew work visa at the Immigration Department, complete ID988A form, and pay visa renewal fee at the cost of the the employer. The employer can also entrust the employment agency to in lieu handle the renewal matters of passport and work visa;

Holidays

As per provisions of the Labour Department, the Helper is entitled to one rest day every week. After serving every period of 12 months with the same employer, the Helper is entitled to seven days of paid labour vacation and returning to place of origin. From the 3rd year for serving the same employer, the paid annual leave shall increase progressively by one day every additional year to a maximum of 14 days according to the length of service. Through the holiday, the Helper can have an opportunity for returning to the place of origin to visit the long-parted family members, and can not become a permanent resident of Hong Kong through the consecutive seven-year residence in Hong Kong. In addition, the Helper is entitled to a total of 12-day annual leave vacation every year. The employer can appoint any vacation, and the Helper is not eligible for objection; but the employer shall notify the Helper of the date of rest day before the commencement of every month (note: New helper is entitled to only unpaid statutory holidays within three months after the issuance of work visa). Paid statutory holidays and paid annual leave are detailed as follows:

  1. Paid labour vacation

    The first day of January Lunar New Year’s Day The second day of Lunar New Year The third day of Lunar New Year
    The third day of Lunar New Year The third day of Lunar New Year The Birthday of the Buddha* Tuen Ng Festival
    Hong Kong Special Administrative Region Establishment Day The second day following the Chinese Mid-Autumn Festival National Day Chung Yeung Festival
    Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)

    * The Employment (Amendment) Ordinance 2021 will come into operation on 1 January 2022. The first newly added statutory holiday is the Birthday of the Buddha on 8 May 2022.
  2. Paid annual leave

    Years of Service Number of days of paid annual leave for a leave year
    1 7
    2 7
    3 8
    4 9
    5 10
    6 11
    7 12
    8 13
    9 & above 14(maximum)

Footnote: For details of information, please refer to [Guidebook for the Employment of Domestic Helpers from Abroad (ID 969)] at the webpage of the Immigration Department http://www.immd.gov.hk/chtml/ID(E)969.htm 的and [Points to Note for Employers on the Employment of Foreign Domestic Helpers] at the webpage of the Labour Department http://www.labour.gov.hk/tc/public/pdf/wcp/PointToNotesForEmployersOnEmployment(FDH).pdf

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  • Matters for agreement between the employer and the Helper:
  • Wage payment date

The employer can discuss and agree with the Helper on the wage payment date (e.g. calculated from 1st day of employment), and shall pay the wage within 7 days after the agreed wage payment date.

  • Rest day

The employer can appoint any vacation, but shall notify the Helper of the date of rest day before the commencement of every month (except the fixed date for rest day). After the prior permission of the Helper, the employer can appoint another rest day.

  • Time of illness or injury

The employer is advised to reach prior agreement with the Helper as to which medical practitioner shall be consulted in time of illness or injury.

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  • Renewal & Termination of the Employment Contract
  • Contract renewal after the current contract has run its 2-year full course

The employer who wishes to renew the employment contract with the current Helper after the current contract has run its 2-year full course shall make fresh applications to the Immigration Department. The application will normally be accepted within eight weeks prior to the expiry of the current contract, and will not be accepted after the expiry of contractual period and the Helper’s stay visa.

  • Necessary documents for renewal at the Immigration Department

  1. a. Visa/Extension of Stay Application Form for Domestic Helper from Abroad (ID 988A) completed and signed by the Helper;
  2. b. Application for Employment of Domestic Helper from Abroad (ID 988B) completed and signed by the employer;
  3. c. Original copy of the new standard Employment Contract (ID 407)(see note (i) below);
  4. d. Original of his/her travel document (for in-person application) or copy of the Helper's travel document including the pages showing his/her personal particulars, photo, passport validity, latest visa label and latest landing endorsement (for application made by post, drop-in or online);
  5. e. Copy of the proof of employer's financial position (see note (ii) below); and及
  6. f. Copy of the proof of the employer's residential address (see note (ii) below).

  • Returning to the place of origin for vacation

After the expiry of two-year employment contract, the Helper shall return to his/her place of origin for vacation, and then can apply to start the new contract. If circumstances do not permit the Helper to return to his/her place of origin for vacation immediately upon expiry of the old contract, subject to the employer's and the Helper's mutual agreement, the Helper may apply for an extension of stay (normally not more than one year) for him/her to defer the vacation leave.

  • After the expiry or termination of the Employment Contract

After the expiry or termination of the Employment Contract, the Helper shall leave Hong Kong. The Helper can stay in Hong Kong until the expiry date of stay visa or two weeks after the contract termination (whichever is earlier). Under special circumstances, the Helper can apply to the Foreign Domestic Helpers Section via the Application Form (ID 91) for continuing the stay at Hong Kong in traveler terms.

  • Change of the employer

Within two-year contract

Application to change employers in the HKSAR within the two-year contract will not as a rule be approved. If the Helper wishes to take up employment with a new employer in the HKSAR, he/she must return to his/her place of origin and apply for new visa directly to the Director of Immigration Department either by post or through the new employer.

At the end of two-year contract

  1. a) At the end of the two-year contract, the Helper will be required to return to his/her place of origin for vacation. Within four weeks prior to the expiry of the current two-year contract, the Helper can apply in person to the Foreign Domestic Helpers Section for changing the employer. In addition, the following documents are required: a release letter from the current employer showing the date of expiry/termination of the contract; original of the Helper’s travel document; above completed Application Form (ID 91); and relevant supporting documents (except the Testimonial of the Helper).
  2. b) Application for a visa to enable the Helper to return to the HKSAR to start employment with a new employer may be made, but the Helper is required to go back to his/her place of origin within his/her limit of stay before returning to the HKSAR to work under the new contract.

Note:

  1. i. For applications submitted online, the original employment contract (notarized, if so required by the local consulate) should also be available for inspection upon collection of the extension label.
  2. ii. Proof of the employer's financial position and residential address is not required (provided that the employer's average household income remains no less than HK$15,000 (for each domestic helper to be employed) and there is no change in the residential address). Nevertheless, further supporting documents may be required in individual cases.

Source: http://www.immd.gov.hk/chtml/ID(E)989.htm

  • Vacation for contract renewal

If the Helper has served the current employer for more than two years but has not enjoyed any paid annual leave, the employer shall, after the expiry of employment contact, grant the Helper 14 days (for the 1st contract; and the paid annual leave shall increase progressively according to the length of service) so as to return to place of origin for looking about his/her family members. If circumstances do not permit the Helper to return to his/her place of origin for vacation immediately upon expiry of the old contract, subject to the employer's and the Helper's mutual agreement, the Helper may apply for an extension of stay for him/her to defer the vacation leave, and the employer shall also schedule the Helper for completing the “Visa/Extension of Stay Application Form for Domestic Helper from Abroad (ID988A)”. Normally, the Immigration Department will approve an extension of stay for not more than one year; and if the Helper returns to place of origin for vacation of not less than seven days within the valid period, he/she can return to Hong Kong to complete the remaining employment contract. Under this circumstance, the employer shall offer the Helper two-way air ticket (between Hong Kong and place of origin) for returning to place of origin, and a daily HK$100 of traffic/food allowance for leaving Hong Kong through the same requirements as past arriving at Hong Kong from place of origin.

  • Vacation for contract transfer

As per the latest guidance of the Immigration Department in October 2003, the Helper wishing to change the employer shall return to place of origin for not less than 7 days before the performance of new employment contract. If circumstances do not permit the Helper to return to his/her place of origin for vacation before the commencement of new employment contract, the Immigration Department will normally approve a temporary work visa for not more than one year. If the Helper returns to place of origin for vacation of not less than 7 days before the expiry of visa validity, the Immigration Department will, at the Helper’s arrival at Hong Kong, automatically mark the extension date beside the Helper’s work visa until the expiry date of this new employment contract, so that he/she can return to Hong Kong for completing the remaining employment contract.

 
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