Employing Foreign Domestic Helper - hereinafter referred to as "Employment"
Q1. Employment in Hong Kong, what kind of fee should be paid?
- Employment through maid agency, one-off handling fee (The handling fee charged by Allot Employment, please refer to "Maid Service" of our web site.)
- Monthly minimum allowable wage of the domestic helper - HK$3,580
- Monthly Employees Retraining Levy is HK$400. The levy can be paid in one time which is HK$400X24=HK$9,600, or paid in four installments which is HK$400X6=HK$2,400.
Q2. Is the Levy Suspension still valid?
Employers would be able to seek levy suspension for the new contract period when visas for their serving foreign domestic helpers on contract renewal or for their new foreign domestic helpers are granted by the Immigration Department between 1-August-2008 and 31-July-2010.
Q3. What kind of informatin should be provided by employers in the process of employment?
- A copy of the employer's Hong Kong Identity Card.
- Evidence showing that the employer is financially capable of employing a Helper after his/her household expenditure has been deducted. (One of the examples: Salary statements for the last 3 months; Latest notice of assessment and demand for tax; Fixed deposits/bank savings statements for the last 6 months)
- Proof of the employer's residential address (The latest demand for rates note or water/telephone/ electricity etc. utility bills within the last 3 months)
- The information of of family members: Name, Birth Year, Relationship, HKID number
- If employment occurred before, the information of the domestic helper: Name, HKID number, Date of termination
Q4. What kind of document should be signed by employers in the process of employment?
- Application for Employment of Domestic Helper from Abroad【ID988B】
- Four copy of the standard Employment Contract【ID407】
- Gurantee letter for consulate
- Visa collecting authorization letter
Q5. How much time does the employment application take?
Employment target can be divided into two categories: First category is that the foreign domestic helper is staying in the country of origin.Second category is that the finished-contract domestic helper who is staying in Hong Kong wants to switch to another employer.
Employment of the first category helper needs about 6-8 weeks to process. For the second category, it takes about 3 weeks.
Q6. What qualification be required for the employment?
Hong Kong resident who has a household income of no less than HK$15,000 per month or fixed deposits/bank savings statements for the last 6 months with an aggregated amount of no less than HK$350,000)
Q7. What are the responsibilities and rights for the employer and domestic helper on the employment relationship?
The Employment Ordinance is applicable to both of employer and domestic helper. The basic responsibilities and rights regarding the employment of foreign domestic helper are specified in the standard employment contract【ID407】(Appendix I).
Q8. What should employer pay attention to when domestic helper commencing work in Hong Kong?
- The daily food and travelling allowance, of HK$100 per day specified in the employment contract, should be paid to the helper for the journey to Hong Kong. The cost of preparing all necessary documents should be reimbursed.
- The expected duties should be explained to the helper. Such duties must be domestic duties as specified in the "Schedule of Accommodation and Domestic Duties" of the employment contract.
- A date on which the wage of helper is paid should be appointed.
- The rest day of helper should be appointed.
- Whether the food will be provided during employment should be agreed with the domestic helper. If it is provided, it must be free of charge. If no food is provided, a food allowance of HK$740 specified in the employment contract should be given to the helper each month.
- Employer should take out employees' compensation insurance against your liabilities for the helper's injuries at work. This is a requirement under the Employees' Compensation Ordinance. Failure to do so is an offence in law, punishable by a fine and imprisonment.
Q9. Can employer concurrently enter into another employment contract with the domestic helper?
Cannot. The standard employment contract 【ID407】 is the only official employment contract for all foreign domestic helpers in Hong Kong. Any other employment contract entered between the employer and the helper is not enforceable in Hong Kong.
Q10. Can domestic helper take up part-time employment with my employer's consent during the contract period in Hong Kong?
Cannot. Foreign domestic helper can only work for the duties of employer specified in the employment contract based on which the Director of Immigration approved the working visa.
The helper will be liable to prosecution and removal for breaching the conditions of stay. If the helper is so removed, it is normally not allowed to come to Hong Kong again to work as a helper.
Any person aiding and abetting breach of condition of stay of foreign domestic helpers may be subject to prosecution and, upon conviction, the maximum penalty is a fine of HK $ 50,000 and imprisonment for two years.
Q11. What kinds of leave are foreign domestic helpers entitled to under the Employment Ordinance?
Under the Employment Ordinance, foreign domestic helpers are entitled to the following 3 kinds of leave:(1)Rest days; (2)Statutory holidays; (3)Paid annual leave;
If both parties agree to renew the contract, the helper shall, before the new contract commences, return to his/her place of origin at the expense of the employer for a vacation of not less than seven days according to the standard employment contract.
Q12. How many rest days are foreign domestic helpers entitled to under the Employment Ordinance?
At least one rest day in every period of seven days is entitled to the helper.
A rest day is a continuous period of not less than 24 hours.
Rest days shall be appointed by employer and may be granted on a regular or an irregular basis. Unless the rest days are on a regular basis, the helper should be notified the rest days before the beginning of each month.
Q13. How many statutory holidays in a year should the foreign domestic helper have during the employment contract period?
Foreign domestic helper, irrespective of length of services, is entitled to the following 12 statutory holidays in a year:
- The first day of January
- Lunar New Year's Day
- The second day of Lunar New Year
- The third day of Lunar New Year
- Ching Ming Festival
- The first day of May
- Tuen Ng Festival
- The first day of July
- The day following the Chinese Mid-Autumn Festival
- Chung Yeung Festival
- The first day of October
- Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)
The helper who has been employed continuously by the employer for three months preceding any of these holidays is entitled to the holiday pay.
Q14. How many days of annual leave should be given to foreign domestic helper in a year?
According to "Employment Ordinance", helper is entitled to paid annual leave after serving every period of 12 months with the same employer.
When the employment contract is terminated, the helper should be given payment in lieu of any annual leave not yet taken in respect of every 12 months' completed service. For three but less than 12 months’ service in a leave year (i.e. a period of every 12 months after the commencement of employment), the helper is entitled to pro-rata annual leave pay if the employment contract is terminated other than for the reason of summary dismissal due to his/her serious misconduct.
