FAQ

According to the Employment Contract, a domestic helper can only work at the address specified in the contract. Violators may face a maximum penalty of HKD 250,000 and imprisonment for three years.

No. They can’t. Under the restrictions of the Immigration Ordinance, a domestic worker may only be employed by the designated employer; any other work would be illegal. The domestic helper may be prosecuted and deported for breaching conditions of stay.

The standard employment contract for hiring foreign domestic helpers (Form ID407) is the only formal employment contract in Hong Kong. Employment contracts privately entered into by both parties do not count.

According to the provisions of the Employment Contract, the employer may deduct a certain amount from the domestic helper’s wages for compensation, with a maximum deduction of HKD 300 for each time. The total amount deducted cannot exceed one-quarter of the wages for the work period.

The employer can only instantly dismiss a domestic helper if the helper has committed serious misconduct. Otherwise, it is illegal and may result in prosecution or a fine of HK$100,000.

An employer must notify the domestic helper one month before terminating the employment relationship or pay one month’s salary. If the domestic helper commits serious misconduct, such as theft, abuse or fraud, the employer has the right not to pay the domestic helper in lieu of notice and to terminate the employment relationship with the domestic helper immediately.

If an employer is convicted of hiring an illegal domestic helper, they may face a maximum penalty of five years in prison and a fine of HKD 300,000.

● Give one month’s notice or pay one month’s salary in lieu of notice.
● Sickness benefit as a replacement for untaken annual leave pay.
● Long service payment/severance payment for foreign domestic helpers (if applicable).
● The cost of a one-way ticket, travel expenses, meal allowances, and transportation allowances.

After the expiration or termination of the employment contract, the employer should negotiate with the domestic helper to provide a flight ticket back to their hometown (including storage of luggage), and accommodate the domestic helper’s preferred departure date as much as possible.

You can call the Labour Department, which provides a 24-hour telephone consultation service hotline to assist employers and helpers with inquiries or complaints. You can also refer to the following webpages:
http://www.labour.gov.hk/en/public/pdf/wcp/PointToNotesForEmployersOnEmployment(FDH).pdf
http://www.labour.gov.hk/en/public/ConciseGuide.htm
http://www.labour.gov.hk/en/faq/content.htm

The salary should be paid in accordance with the contract. The domestic helper is usually paid on a fixed date each month, either in cash or by bank transfer. We will also provide payroll and leave receipts. Employers can give domestic helpers to sign when paying salary to prove that it has been paid.

If the domestic helper becomes sick while at work, they need to provide a valid medical certificate or reason for absence to take sick leave. The employer has to pay the salary and medical expenses of the domestic helper during the period of sickness according to the law and contract terms. Therefore, a suitable domestic helper insurance is very important.

Employers should provide free medical services (including out-patient services, hospitalization fees and emergency dental services) to domestic helpers who need care for their injuries , even if they are not related to their work. However, according to the amendment to the standard employment contract, employers are not required to bear the medical expenses incurred by domestic helpers during their absence from Hong Kong (e.g. returning to their hometowns to visit relatives) due to voluntary or personal reasons.

● a medical certificate
● sick for at least four consecutive days
● have accumulated enough paid sick leave
If the helper provides these three proofs, the employer will pay sickness allowance.

The employer should pay all sickness allowances before the salary payment date, and the daily amount of the sickness allowance is equivalent to one-quarter of the domestic helper’s average daily wage.

It primarily provides coverage for the helper’s outpatient expenses, hospitalization, surgical costs, and dental expenses. Also, It includes costs for returning the helper to their original residence, expenses for hiring a replacement helper, and cash compensation for service interruption.

The employer is required to pay for the domestic helper’s transportation expenses incurred during work. These expenses can be paid in cash or with an Octopus card.

The employer can negotiate with the helper or agree to cover part of the phone card expenses based on work needs.

The employer should keep clear records of salary payment details, including the date, amount, holidays, and any adjustments, and then have the helper sign to confirm, in case of any future disputes.

Hong Kong law does not require employers to pay additional wages and benefits to domestic helpers. Employers can also decide whether to award rewards based on their own wishes or on the performance of domestic helpers.

Employers should arrange holidays by giving one day off for every six days worked and cannot force the helper to work on their days off. Additionally, the helper has the right to enjoy fourteen days of statutory holidays each year. Moreover, after completing twelve months of work, the helper is entitled to paid annual leave, and upon contract completion (2 years), they can receive an additional 14 days of special leave.

For each additional year the helper works, they increase their paid annual leave by one day. The number of paid annual leave days for the helper increases based on their length of service, starting from 7 days in the first year up to a maximum of 14 days. The following lists the number of days of annual leave that employers are required to grant to foreign domestic helpers based on their length of employment:
Length of Service / Days of Paid Annual Leave
1st Year 7 days
2nd Year 7 days
3rd Year 8 days
4th Year 9 days
5th Year 10 days
6th Year 11 days
7th Year 12 days
8th Year 13 days
9th Year 14 days

Please note that the statutory number of paid annual leave caps at 14 days after the 9th year. However, employers may choose to grant the helper additional annual leave beyond 14 days as a reward or bonus.

The dates for annual leave should be discussed and arranged between the employer and the domestic helper. The employer must give written notice to the helper at least 15 days before the start of the leave period; however, if both parties agree, shorter notice can be given. Annual leave must be taken in one continuous period. Any rest days or statutory holidays that fall within the annual leave period are counted as part of the annual leave, and
additional rest days or holidays must be arranged after the annual leave ends.
If the helper requests, the employer can grant annual leave in the following ways according to the Employment Ordinance:
● If the helper’s annual leave is no more than 10 days, the employer may grant no more than 3 days of leave separately, while the remaining annual leave must be taken continuously.
● If the helper’s annual leave exceeds 10 days, at least 7 days of annual leave must be taken continuously, with the remaining days granted separately.
We encourage employers and helpers to communicate openly to reach an arrangement that is acceptable to both sides. It is also advisable for both the employer and the helper to keep a written record signed by both parties regarding the arrangement of annual leave.

If the helper has accumulated a certain number of annual leave days, they can refer to the following two options to receive salary instead of annual leave:
● If the helper has more than 10 days of annual leave, they may choose to receive salary in lieu of part of the annual leave, provided that 10 days must be taken as annual leave, while the remaining days can be paid in salary.
● If the contract is terminated and the helper has worked for more than three months, and the reason for termination is not “immediate dismissal,” all accumulated unused annual leave can be cashed out.

Yes, the helper has the right to decide how to use their rest day. However, the employer has a responsibility to remind the helper that going out in severe weather may pose risks. If the helper goes out during this time and has any accidents, relevant insurance may not provide compensation. Therefore, the employer should advise the helper to exercise caution in inclement weather.

The employer needs to pay salary in lieu of the unused annual leave of the helper. If the helper has worked for more than 3 months but less than a year, they are also entitled to a proportionate amount of annual leave pay.

The specific number of days depends on the flight time needed from Hong Kong to the helper’s home country, but the most direct route should be chosen. For helpers coming from Asia, 1 to 2 days’ worth of meal and transportation allowances is usually appropriate.

The Indonesian government introduced a new policy in 2023 that shifts certain costs of exporting labor onto the employer, resulting in additional expenses such as the helper’s overseas passport, good conduct certificate, and Indonesian social security contributions. These increased costs have made hiring Indonesian helpers more expensive than hiring Filipino helpers.

Hiring overseas Filipino and Indonesian helpers requires consideration of accommodation and flight arrangements. There may be delays in the arrival of the helpers in Hong Kong. Therefore, if there is an urgent need to hire a helper, choosing a local helper who has completed their contract may be more convenient, as they are more familiar with the environment in Hong Kong and will have a shorter adaptation period.

Most Filipino helpers generally have a higher level of English proficiency than Indonesian helpers because they usually have a higher education background. However, Filipino helpers’ English may have some local accents. Thus, they are more suitable for supporting roles in daily interactions with children, rather than serving as primary English teachers.

Employers can ask about the helper’s diet during the interview. Some domestic helpers may not eat pork for religious reasons but can still cook pork for the employer. Also, employers might look for helpers who can cook Chinese cuisine to meet their dietary requirements. It is important for employers to clearly understand and reach a consensus with the helper before deciding whether to sign a contract.

Employers can assess the helper’s language ability during the interview process to determine whether to hire them. Additionally, communication difficulties may arise between employers and helpers due to cultural differences and language barriers. Employers can practice understanding, listen patiently and use translation applications or body language to communicate.

The Employment Ordinance does not regulate the working hours for foreign domestic helpers; it depends on the employer’s family needs. According to Hong Kong law, domestic helpers are entitled to at least one rest day per week. Apart from that, employers can decide on the helper’s rest and meal times.

Employers should discuss the updated work arrangements with the helper and consider revising the scope of work and arrangements when signing a new contract. Employers can decide whether to hire another domestic helper based on family situation or offer a salary increase to make the domestic helper accept the offer.

● Employers can check in with the helper to understand the reasons behind their emotional fluctuations and see if there is any way to assist them.
● Arrange a manageable workload: Ensure the helper has enough tasks to keep them occupied during work hours, reducing the chance of them overthinking during free time.
● Provide opportunities for video calls: Allow the helper to make video calls with their family during break times to help alleviate emotional issues.

According to the provisions of the standard employment contract, the employer must provide free treatment to the domestic helper, but the employer can allow the domestic helper to receive treatment from a designated registered doctor for the domestic helper’s illness.

Can. However, borrowing loans does not involve a criminal offense, the employer needs to pay for the one-way air ticket and one month’s notice when terminating the contract.

The employer can call the police to deal with it. If it is confirmed that the domestic helper has committed theft, the employer does not need to make compensation, but still needs to pay for the one-way air ticket.