Frequently Asked Questions
No, it is not allowed. The “Standard Employment Contract” (ID 407) for hiring foreign domestic workers is the only official contract recognized in Hong Kong. Any other employment contract entered into by the employer and the domestic worker privately is not enforceable in Hong Kong. The standard employment contract is valid for a period of two years.
No, it is not allowed. According to Article 3 of the “Standard Employment Contract,” foreign domestic workers must work and reside at the employer’s address specified in the contract during their employment in Hong Kong. The employer is responsible for providing suitable and reasonably private accommodation for the domestic worker. Examples of inappropriate accommodation arrangements include having the domestic worker sleep on temporary bedding placed in a corridor without private space or sharing a room with adult/teenage members of the opposite sex.
In addition to settling any outstanding salary owed to the domestic worker, the employer is required to make the following payments to the domestic worker:
- Severance payment in lieu of notice (equivalent to one month’s salary)
- Sickness allowance entitled to the domestic worker
- Wages in lieu of untaken annual leave
- Long service payment / Dismissal payment (if applicable)
- Other payments specified in the employment contract that are required to be paid to the domestic worker, such as travel expenses, meal allowances, and transportation allowances.
Except in cases where the domestic worker has committed a serious misconduct leading to immediate termination, it is illegal for an employer to terminate a foreign domestic worker who is on paid sick leave. Such action can result in prosecution, and upon conviction, the employer may be fined up to HKD 100,000.
Currently, there is no legislation that mandates employers to provide year-end bonuses or “double pay” to foreign domestic workers.
You can refer to the following website to learn more about labor laws:
http://www.labour.gov.hk/tc/public/pdf/wcp/PointToNotesForEmployersOnEmployment(FDH).pdf
This website provides information on common questions related to foreign domestic workers.
http://www.labour.gov.hk/tc/public/ConciseGuide.htm
Starting from September 30, 2023, the prescribed minimum wage for foreign domestic helpers will be $4,870 per month, applicable to all contracts signed on or after September 30, 2023. All foreign domestic helpers should be paid according to the wages listed in the “Standard Employment Contract”. Employers should not unilaterally decide or enter into private agreements with their foreign domestic helpers to pay wages lower than the stipulated minimum wage. Falsifying or underpaying foreign domestic helpers’ wages is an offense and may result in prosecution and imprisonment.
Employers should allocate an appropriate amount of work to foreign domestic helpers to prevent them from wandering around in their free time. At the same time, the maid can have video conversations with her family during breaks to relieve her homesickness.
Transportation expenses: The employer must pay the foreign domestic helper’s transportation expenses while working, which can be paid in cash or Octopus card.
Phone card fees: If the foreign helper needs to use phone calls and mobile data for work, the employer can negotiate with the foreign helper to pay a portion of the phone card fee to the foreign helper according to work needs.
You can first discuss with the worker sister how to pay wages. If the foreign domestic helper requires payment in cash, our company will provide a “Salary and Holiday Receipt” template for the employer to sign when paying the salary to prove that the employer paid the monthly salary. Or you can pay your foreign domestic helper by bank transfer and get an official bank receipt.
If a foreign domestic helper damages or loses the employer’s goods, equipment or property due to negligence or dereliction of duty, the employer may deduct compensation from wages according to the value, but the amount shall not exceed HK$300 each time. In addition, the total amount of wages deducted under these circumstances shall not exceed one quarter of the wages earned by the foreign domestic helper during that wage period.
If a foreign domestic helper is injured or dies due to an accident at work during the course of employment, the employer will generally be liable for compensation under the Employees’ Compensation Ordinance. Injured foreign domestic helpers should notify their employer of the accident as soon as possible, and the employer must report to the Commissioner for Labor within 14 days (7 days in case of death) after the work-related accident. If employees suffer from occupational diseases specified in the Employees’ Compensation Ordinance, they will receive the same compensation and protection as accidental work injuries.
The calculation method of severance pay and long service payment is as follows:
(Monthly salary × 2/3) × Traceable years of service*
*Service periods less than one year will be calculated on a pro-rata basis
Unnecessary. The law only stipulates that after the expiration of the contract, the employer must pay for the one-way air ticket for the foreign domestic helper to return to the country for vacation, as well as a daily travel transportation and meal allowance of HK$100. However, sometimes the foreign domestic helper may require the employer to take leave in advance before the contract expires, and require the employer to pay air tickets, travel transportation and meal allowances before the contract expires, and then no longer need to pay these fees or take leave when the contract expires. Then the employer can make an agreement with the foreign domestic helper according to the situation.
Because foreign domestic helpers travel at the request of their employers, their employers must purchase travel insurance for them.
Foreign domestic helpers have the right to refuse their employer’s request because massage is not part of their job scope. If the employer forces a foreign domestic helper to give a massage, or if the foreign domestic helper is fired for disobeying orders, the foreign domestic helper has the right to lodge a complaint with the Labor Relations Division of the Labor Department and seek assistance.
Can. For example, going out to buy daily necessities, transporting children to and from school, taking care of family members and children when dining out, washing the car, and delivering food or personal belongings to the employer or his family members outside the employer’s residence are all considered household duties.
The employer must obtain the consent of both parties before the employer can arrange for the foreign domestic helper to take unpaid leave in Hong Kong.