FAQ
Labor law issues
Are employers required to pay year-end bonuses or double pay to foreign domestic helpers?
There is currently no legal requirement for employers to pay year-end bonuses or "double pay" to domestic helpers.
Can an employer fire a domestic helper who is on paid sick leave?
Except for summary dismissal due to serious misconduct by a foreign domestic helper, it is illegal for an employer to dismiss a foreign domestic helper who is on paid sick leave. The employer may be prosecuted and fined HK$100,000 upon conviction.
If an employer dismisses a foreign domestic helper immediately, how should he pay compensation to the domestic helper?
In addition to paying the foreign domestic helper any wages owed, the employer must also pay the following to the foreign domestic helper:
- Pay in lieu of notice (one month's salary);
- Sickness benefits to which foreign domestic helpers are entitled;
- In lieu of salary for annual leave not taken;
- Foreign domestic helper long service payment/severance pay (if applicable); and
- Other payments required to be made to the domestic helper under the employment contract, such as travel expenses, meals and transportation allowances.
What should employers pay attention to if they dismiss pregnant domestic helpers?
Under Hong Kong's current laws, the living protection for female employees, namely Section 18 of the Employment Contract (Chinese version), which is applicable to foreign domestic helpers, includes the following:
- If you have been employed continuously for 40 weeks before the expected start date of maternity leave, you are entitled to paid maternity leave;
- Pregnant employees are entitled to paid maternity leave provided the number of children born does not exceed two;
- Maternity leave is limited to four weeks before the expected date of delivery and six weeks after the actual date of delivery;
- An employer may not dismiss a pregnant employee after she has been employed for twelve weeks and has given notice of maternity leave;
- After a foreign domestic helper has served her employer for twelve weeks (three months), she can give notice of maternity leave and receive job protection. Employers are strictly prohibited from dismissing their domestic helper after receiving notice of pregnancy; violators may be fined up to HK$100,000. Employers should also be aware that failure to provide maternity leave, maternity leave pay (four-fifths of the normal wage), or sickness allowance for absence due to medical examinations (equivalent to two-thirds of the normal wage) can result in a fine of up to HK$50,000.
Even if an employer fires a pregnant domestic helper, in addition to the normal termination procedures and compensation, the employer must pay the domestic helper seven days' wages as severance pay. It's worth noting that the most controversial provision regarding maternity protection in the 1996 Employment Amendment Bill prohibits employers from requiring pregnant employees to perform heavy, dangerous, or harmful work. A domestic helper can request that her employer cease any regular heavy, hazardous, or maternity-related work 14 days after notifying her of her pregnancy. Employers who require a pregnant domestic helper to perform such work without reasonable justification are subject to a fine of up to $50,000.
What are the penalties for employing illegal domestic helpers upon conviction?
Employers who employ illegal domestic helpers face a maximum penalty of five years' imprisonment and a fine of HK$300,000.
Can employers assign domestic helpers to perform duties other than housework, or to work for other people?
No. Employers who assign their domestic helpers to perform duties other than domestic work, or to work for someone other than the employer specified on their visa, are in violation of the Immigration Ordinance and may be prosecuted. Employing illegal part-time helpers can result in a fine of up to HK$1,350,000 and imprisonment for three years. Under the Immigration Ordinance, domestic helpers may only work for the employer specified on their visa, and their services are limited to the employer and their declared family members. All family members must reside at the employer's declared address.
Can an employer ask a foreign domestic helper to look after her children at another workplace, such as a shop run by the employer?
It's difficult to generalize. Employers or domestic helpers who encounter similar issues should contact the Labour Department's Labour Relations Division. In principle, childcare for a domestic helper in a shop is considered a form of housework. However, if a domestic helper is constantly caring for the employer's children in a shop, this violates the clause in the employment contract ID407, which states that the domestic helper must serve as a domestic helper in the employer's home.
Can employers reach an agreement with their domestic helpers to pay wages lower than stipulated in the employment contract?
In addition to paying the domestic helper's wages, what other expenses does the employer have to bear?
Can an employer give his or her foreign domestic helper unpaid leave when the employer is travelling overseas?
Can foreign domestic helpers refuse their employers’ request to work outdoors when Typhoon Signal No. 8 is hoisted?
No. This is because the Labour Department has only issued a "Code of Practice During Typhoon or Rainstorm Warnings," which does not have legal force. Employers are not required to comply with its provisions. However, the Employees' Compensation Ordinance stipulates that during a black rainstorm and when a No. 8 typhoon signal is hoisted, any injury sustained by an employee during the four-hour commute to or from work is considered a work injury. Insurance claims generally do not cover work injuries arising from natural disasters (such as when a No. 8 typhoon signal is hoisted). Therefore, if an employer requires their foreign domestic worker to work outdoors when a No. 8 typhoon signal is hoisted, they will be responsible for compensation for the domestic worker's injury.
Daily employment issues
Can I install a video camera at home to monitor my domestic helper's performance?
When installing a video camera, care must be taken to ensure it does not infringe on the privacy of others. In a residence, the toilet or the domestic helper's personal room are private areas, so they should never be installed. Employers must inform their domestic helpers of the installation of the video camera and should not record others without their knowledge.
Does teaching children homework fall within the scope of a foreign domestic helper’s housework?
The current Employment Ordinance does not specify the scope of "domestic work." In fact, the definition of "domestic work" is somewhat gray, but generally understood to include laundry, cooking, housekeeping, childcare, gardening, and pet care. Therefore, helping children with homework also falls within the scope of domestic work for foreign domestic helpers.
If a domestic helper damages valuables or electrical appliances in the home, does she need to pay compensation?
According to the Employment Ordinance, if a domestic helper breaks valuables, the maximum wage deduction for each item damaged or lost is HK$300. The total wage deductions in a month must not exceed one-quarter of the domestic helper's pay for that pay period. Be aware that immediate wage deductions for the first incident may negatively impact the domestic helper. Employers are advised to first let the domestic helper know how distressed they are about the broken appliance and to have the domestic worker participate in the purchase or repair process. This will allow the domestic helper to empathize with the problem, understand the severity of the issue, and promise to be more careful in the future, thus preventing the problem from recurring.
Is it considered housework for a foreign domestic helper to provide massage to the employer or the elderly at home?
Foreign domestic helpers have the right to refuse their employer's request, as massage is not part of their job duties. If an employer forces a foreign domestic helper to perform a massage, or if the foreign domestic helper is dismissed for disobeying orders, the foreign domestic helper has the right to lodge a complaint with the Labour Relations Division of the Labour Department and seek assistance.
If you suspect your domestic helper is stealing money from your home, how can you resolve the issue?
If you suspect your domestic helper of stealing money, first check your home cameras to verify any theft. If confirmed, report the theft to the police, who will then handle the case. Theft is a criminal offense; never settle the matter privately. The police can more effectively investigate the case for you.
If my domestic helper borrows money from a finance company, can I fire her immediately without paying her wages in lieu of notice?
Termination of a domestic helper contract without notice or payment in lieu of notice only applies in the following exceptional circumstances:
- The domestic helper intentionally disobeyed a lawful and reasonable order;
- Inappropriate behavior of domestic helper;
- The domestic helper committed fraud or dishonesty; or
- The domestic helper often neglect their duties.
Borrowing money from a finance company is a personal matter. If the domestic helper borrows money and the finance company causes nuisance to the employer, it is misconduct. However, if the domestic helper borrows money and does not cause nuisance to the employer, it is not misconduct. In this case, the employer must immediately dismiss the domestic worker and pay the domestic helper in lieu of notice.
My domestic helper plays with her mobile phone while working and refuses to change despite repeated warnings. How can I advise her?
Employers shouldn't immediately ask their domestic helpers to stop using their phones. Instead, they should use persuasion to point out their misconduct. Clearly explain that mobile phones are for emergency and rest days, and that they should put them away during work so they can focus on their work, thereby minimizing disruptions to their efficiency and concentration. Additionally, employers can regularly review their work performance and areas for improvement. This will ensure the domestic helper clearly understands your expectations and encourages improvement in future work.
Foreign domestic helpers are experiencing emotional instability due to homesickness, which is affecting their work. What can be done?
Employers should assign an appropriate amount of work to their domestic helpers to prevent them from dwelling on their homes during their free time. They can also allow them to video chat with their families during their breaks to alleviate their homesickness.
A domestic helper originally cared for a family of three, but now has a baby. How should the employer negotiate with the domestic helper about the new situation? Should the employer increase the current domestic helper's salary or hire another one?
Employers should first discuss work arrangements with their domestic helpers. If the domestic helper is able to complete the work independently, the employer may consider increasing their salary to encourage them to help care for the newborn baby. If the domestic helper's workload is too heavy, the employer should hire a second domestic helper, taking into account the family's circumstances. Employers are advised to revise the domestic helper's work scope and arrangements in the new contract.
The domestic helper’s attitude was good before contract renewal, but there was a noticeable change after the contract renewal. How should the employer handle this situation?
It is recommended that employers conduct a performance review with their domestic helpers before renewing their contracts. This review analyzes their performance and areas for improvement. This ensures that the domestic helper clearly understands your requirements and their expectations of the new contract, thus minimizing misunderstandings. Furthermore, employers should arrange regular performance reviews with their domestic helpers to help them improve in their future work.
Foreign domestic helpers’ culinary culture is different from that of Hong Kong people. How can we deal with this?
Living under the same roof with a foreign domestic helper may present challenges due to differences in local and Hong Kong living habits. Employers may need to invest more effort in communication with their domestic helpers to achieve mutual understanding and reach a common understanding. For example, given the local custom of eating rice, employers can explain that Hong Kong people live in a fast-paced lifestyle and enjoy a diverse diet, so preparing rice for breakfast is not necessary, allowing the domestic worker to adapt to the employer's family's dietary habits. It's recommended to understand the domestic helper's dietary restrictions, whether religious or medical, when signing a contract, and only confirm if they are acceptable. For example, if an Indian domestic helper doesn't eat pork, employers can confirm that she can prepare pork meals for the employer's family.
What can I do if I have difficulty communicating with my foreign domestic helper, such as "talking at cross purposes"?
Although domestic helpers receive language training before arriving in Hong Kong, many are not native Cantonese speakers, which can sometimes lead to communication difficulties. Employers can use Cantonese and body language to communicate with their domestic helpers.
Employment contracts and insurance issues
Under what circumstances can an employer unilaterally terminate an employment contract without notifying the domestic helper?
An employer may unilaterally terminate an employment contract without notice in several circumstances set out in the Employment Contract Explanations printed by the Immigration Department, namely Item 10 of the Employment Contract Explanations (Chinese); if the domestic helper repeatedly and willfully fails to comply with reasonable orders, or if the domestic helper behaves inappropriately or neglects his or her duties, etc.
However, the document does not specify specific examples or standards, leaving some gray areas. If labor disputes arise for other reasons, the Labour Department will ultimately make the final decision based on the Employment Ordinance, common law, and previous court precedents. If a foreign domestic helper repeatedly commits the same offense, the employer should require the domestic helper to sign a letter of apology as evidence for future dismissal. If a foreign domestic helper is convicted of a criminal offense, such as theft, or is arrested and convicted of illegal street hawking, the employer may terminate the helper immediately without compensation (except for airfare).
Why is it that a foreign domestic helper is unable to leave Hong Kong immediately upon termination or expiration of their contract? What can I do?
The reasons why foreign domestic helper are unable to leave Hong Kong immediately are generally as follows:
- Foreign domestic helpers are involved in labour disputes in Hong Kong;
- Foreign domestic helpers applying for extension of stay as tourists;
- Foreign domestic helpers who overstay their visas without permission;
- Foreign domestic helpers left the country and went to China, such as Shenzhen.
In the above circumstances, you can apply for a 14-day extension of stay in Hong Kong.
If a foreign domestic helper is unable to leave Hong Kong immediately due to an accident when the employment contract is terminated or expires, does the employer need to be responsible for taking care of the domestic helper?
This is not the employer's responsibility. Section 7 of the "Explanation of Employment Contract" (Chinese version) stipulates that upon termination or expiration of the employment contract, the employer must notify the Immigration Department and provide the domestic helper with a valid departure ticket to return to their place of origin. If the employer has notified the Immigration Department, the nature of the domestic helper's entry visa will be changed to a visitor visa, and the responsibility for supervising the domestic helper will fall to the police and the Immigration Department.
If a domestic helper returns home to visit relatives before the end of her contract, does the employer need to pay for the airfare?
No. The law only stipulates that upon completion of the contract, the employer must pay for the domestic helper's one-way airfare to return home for vacation, as well as a HK$100 per day travel and meal allowance. However, sometimes the domestic helper may request that the employer pay for the domestic helper's airfare, travel and meal allowance upfront, with the employer then waiving the payment or the leave upon completion of the contract. In this case, the employer can negotiate a deal with the domestic helper based on the circumstances.
How many procedures does an employer need to go through to file insurance claims for foreign domestic helpers and report to relevant government departments?
If a foreign domestic helper is injured or becomes ill due to a work accident, the general insurance company's claim process (the actual process should be based on the requirements of each insurance company) is as follows:
- Upon learning that a foreign domestic helper has suffered an accident and has been on sick leave for more than 3 days, the employer must immediately notify the insurance company of the relevant work injury;
- Submit two copies of Form No. 2 to the Labour Department within 14 days, stating the correct information and details of the accident. Also submit Form No. 2, a copy of the domestic helper's ID card, and the original "Sick Leave Certificate" issued by a registered Western medical practitioner to the insurance company;
- Submit the remaining "Sick Leave Certificates" to the insurance company for filing on time;
- If the domestic helper's sick leave does not exceed seven days and does not result in permanent disability that affects their ability to work, the employer can reach a written or verbal agreement with the domestic helper to directly resolve the compensation issue. If this method is chosen, the employer only needs to fill in the number of sick leave days, the compensation amount, and the payment date in the second part of Form 2 to indicate that they have chosen a direct solution; the domestic helper does not need to undergo leave cancellation or injury assessment. The employer can directly apply for compensation from the insurance company based on the actual circumstances and the content of the insurance policy.
- If the domestic helper takes sick leave for more than 7 days, or does not choose a direct solution, the employer must urge the domestic worker to report to the Occupational Medicine Unit of the Labour Department or the Employees' Compensation Assessment Board for leave cancellation and injury assessment as scheduled;
- After the leave is returned, if the domestic helper is only granted sick leave by the doctor, or is assessed as having a permanent disability of not more than 5%, the Labour Department will issue a "Certificate of Compensation Assessment" (Form 5) stating the amount payable. The employer must submit the original certificate to the insurance company for claim;
- If a domestic helper is assessed to have a permanent disability exceeding 5%, the Labour Department will issue an Assessment Certificate (Form 7), which the employer must submit to the insurance company for compensation. In accordance with the Employees' Compensation Ordinance, the employer must sign a Compensation Agreement in triplicate with the injured or work-related domestic helper for approval by the Labour Department. Upon receipt of the approved Agreement, the employer must immediately submit the original copy to the insurance company for compensation processing.
Comprehensive domestic helper insurance does not guarantee certain items, and some items may even have a waiting period. Employers should read the policy terms in detail to ensure their rights and interests.
If an employer brings his foreign domestic helper on a trip outside Hong Kong, should he purchase travel insurance for the domestic helper?
Because foreign domestic helpers travel at the request of their employers, their employers must purchase travel insurance for them.