Employment Guidelines

Eligibility Criteria:

The employer is financially capable of employing a Helper. In general, for every Helper to be employed, the employer must have a household income of no less than HK$15,000 per month or asset of comparable amount to support the employment of a Helper for the whole contractual period;
The Helper and the employer shall enter into a standard Employment Contract (ID 407);
The Helper shall only perform domestic duties for the employer as specified in the standard Employment Contract (ID 407);
The Helper shall not take up any employment with any other person during his/her stay in Hong Kong;
The employer will pay the Helper a salary that is no less than the minimum allowable wage as announced by the HKSAR Government. If no food is provided to the Helper, the agreed amount of food allowance should not be less than HK$1,236 per month;
The Helper shall work and reside in the contractual address only;
The employer shall provide the Helper with suitable accommodation and with reasonable privacy;
The bona fides of the employer and the Helper are not in doubt;
There is no known record to the detriment of the employer and the Helper; and;
The employer is a bona fide Hong Kong resident.
If one of the employers cannot provide proof of income, it must be provided by the other party: a recent copy of the tax return and a copy of the marriage certificate (e.g., if the marriage certificate is lost, the child’s birth certificate can be used as evidence), or a copy of the birth certificate (to prove the relationship between parents and children).

Required Documents

Copy of Hong Kong identity card (If not available, a copy of the passport and visa must be provided).
Financial proof of the employer, such as the latest notice of assessment and demand for tax issued by the Inland Revenue Department; bank passbook/statements showing auto-payment of the monthly salary for the last 3 months; or salary statements/slips for the last 3 months
Proof of address (such as rates, water bill, electricity bill, etc.).
Public housing applicants must provide proof from the Housing Department.
Family member information (English name, date of birth, ID number or passport number, or birth certificate number).
If the applicant intends to hire a domestic helper for parents or family members, a family member relationship certificate and an additional guarantee declaration stating that they will be responsible for the related expenses must be provided.
If there is already a domestic helper employed in the household, copies of the domestic helper’s identity card, passport, and employment contract must be submitted.
If the domestic helper does not have their own room (can share a room with same-sex family members or children), the employer must provide a floor plan and photos of the sleeping area and residence (including the doorplate) and write a letter explaining the sleeping arrangements for all individuals in the household. In general, if the accommodation address provided by the employer for the domestic helper is outside the contracted address, the Immigration Department generally does not approve it.
The customer also needs to provide the names, ID numbers, and dates of birth of family members.
If the customer currently has a domestic helper, the current domestic helper’s name, ID number, and contract termination date or visa expiry date must also be provided.

Budget

Monthly salary (HK$4,870 x 24 months)	HK$116,880
Agency fee (usually includes one-way plane ticket to Hong Kong)	Around HK$16,000
Domestic helper insurance	Around HK$1,560
Return ticket (from Hong Kong to Indonesia)	Around HK$2,500
Transport subsidy for homebound travel	HK$100
Total	HK$137,040
Average monthly expense (24 months)	Around HK$5,710

Helper’s Wage

The Minimum Allowable Wage for Helpers is : HK $4,870 per month (effective from 30 September 2023) Underpayment of wage is an offense.

Arrangements of Food and Accommodation

(1) Helpers generally come from tropical countries, they usually do not have clothes for winter and they are lack of daily necessities.

(2) Employers should provide Helpers with free breakfast, lunch and dinner, or pay food allowance in lieu of free meals. (not less than HK$1236 per month, effective from 30 September 2023)

(3) Employers must provide free accommodation for Helpers. The accommodation address must be consistent with that as prescribed in Standard Employment Contract ID407.

(4) The scope of duties and place of work for Helpers are limited to that as prescribed in Standard Employment Contract ID407, otherwise it is an offence.

Termination of Contract

(1) If Employer or Helper intends to terminate the contract, they should provide one month notice or one month wage in lieu of notice.

(2) According to the labour ordinance, even the Helper requests for termination of contract or commits serious misconduct, the Employer is required to pay any outstanding wages, holiday compensations as well as the air-ticket fare and transportation allowance for the Helper returning to her home country.

(3) Within 7 days of the termination date of contract, Employer is required to inform Immigration Department in the form of a written notice. Notification of Termination of an Employment Contract (ID407E) can be faxed to Immigration Department directly. (Fax no. : 2157 9181)

Rest Days

Rest days are not compulsorily arranged on Sundays, but Employers should give Helpers 4 rest days per month, 1 rest day per week.

Statutory Holidays

Upon the completion of employment for 3 months, Helpers are entitled to the following statutory holidays, total 13 days per year

(1) The first day of January

(2) Lunar New Year’s Day

(3) The second day of Lunar New Year

(4) the third day of Lunar New Year

(5) Ching Ming Festival

(6) Labour Day, being the first day of May

(7) The Birthday of the Buddha

(8) Tuen Ng Festival

(9) Hong Kong Special Administrative Region Establishment Day, being the first day of July

(10) The day following the Chinese Mid-Autumn Festival

(11) Chung Yeung Festival

(12) National Day, being the first day of October

(13) Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)

Paid Annual Leave

A foreign domestic helper is entitled to 7 days of paid annual leave after serving every period of 12 months with an employer:

Years of service	No. of days of annual leave
1	7
2	7
3	8
4	9
5	10
6	11
7	12
8	13
9 or above	14

Long-Service Payment

Regardless of age, helpers who have served their employers for 5 years are entitled to 100% of long-service payment, which is calculated like so: Monthly wage on contract x 2/3 x years of service Note: Payment for service provided during an incomplete year should be calculated on a pro rata basis. (Please refer to the booklet, “A Concise Guide to the Employment Ordinance”, for details on calculation.)

Disclaimer

The information provided on this website is for reference only and does not constitute any legal advice, guidelines or statements.

For more details and information, please visit the following websites :

Labour Department:
http://www.labour.gov.hk/tc/faq/content.htm

“Practical Guide for Employment of Foreign Domestic Helpers – What foreign domestic helpers and their employers should know”:
http://www.labour.gov.hk/tc/public/pdf/wcp/FDHguide.pdf (Sep 2013)

Quick Guide for the Employment of Domestic Helpers from Abroad [ ID(C)989 ] :
http://www.immd.gov.hk/tc/forms/forms/id-e-989.html

Guidebook for the Employment of Domestic Helpers from Abroad [ ID(C)969 ] :
http://www.immd.gov.hk/tc/forms/forms/id-e-969.html