Chapter 1

1 ON FIRST EMPLOYMENT

For both Employer and Helper

Q1.1 What are the rights and responsibilities regarding my employment as a foreign domestic helper OR as an employer of a foreign domestic helper?

A The basic rights and responsibilities regarding the employment of foreign domestic helper are specified in the standard employment contract (ID

407) (Appendix I). In addition, the Employment Ordinance is also applicable to employers and helpers alike.

Q1.2 Will there be any sanctions imposed on those helpers and employers for breaching the terms and conditions specified in the standard employment contract?

A (please read in conjunction with Qs & As 1.1, 1.4, 1.5, 1.8 & 1.9 of the guidebook)

Both the helper and employer are required to undertake to the Government of the HKSAR at Part 6 of the “Visa/Extension of Stay Application Form for Domestic Helper from Abroad” (ID 988A) and “Application for Employment of Domestic Helper from Abroad” (ID 988B) that they will strictly observe, among other things, the helper’s conditions of stay as well as the wage level, live-in and accommodation requirements.

If a helper breaches the undertaking, he/she may not be allowed to work in Hong Kong again. If an employer breaches the undertaking, his/her future application to employ foreign domestic helpers may also be refused.

Employers should not be easily persuaded to provide false information in the application and the standard employment contract pertaining to the employment of foreign domestic helpers, or to collude with others in deception with the intent to employ foreign domestic helpers by paying wages less than that stipulated in the standard employment contract. In a case, an employer who furnished false information to the Immigration Department about the wages of his/her foreign domestic helper was sentenced to 4
months’ imprisonment and ordered to pay the wages in arrears to the helper. Employers are advised to abide by the law and pay the full amount of wages stated in the standard employment contract to their foreign domestic helpers. Otherwise, it is an offence and the employer is liable to prosecution.

Moreover, if an employer or a helper commits offences under the Employment Ordinance or the Immigration Ordinance, they are also subject to prosecution.

Q1.3 What should I do upon my helper’s arrival to commence work?

FOR EMPLOYER

A You should pay your helper the daily food and travelling allowance of HK$100 per day, as specified in the employment contract, for his/her journey to Hong Kong. You should also reimburse him/her the cost of preparing all necessary documents. See Chapter 2.

You are advised to explain to your helper the duties you expect him/her to perform. Such duties must be domestic duties as specified in the “Schedule of Accommodation and Domestic Duties”* of the employment contract.

You should fix a date on which you will pay wages to your helper. See Chapter 3. You should appoint rest days for your helper. See Chapter 4.

You should agree with your helper whether food will be provided during employment. If it is provided, it must be free of charge. If no food is provided, a food allowance of the amount specified in the employment contract should be given to the helper each month.

You should take out employees’ compensation insurance against your liabilities for your 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 maximum fine of HK$100,000 and imprisonment for 2 years. Besides, you are required to provide free medical treatment to the helper according to the standard employment contract. You are therefore advised to take out a comprehensive insurance policy with both medical insurance and employees’ compensation insurance to manage the related expenses when they arise. See Chapter 5.

Q1.4 Can I concurrently enter into another employment contract with my helper?

A No. The standard employment contract (ID 407) 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.

Q1.5 Can I ask my helper to work for another person or take up non-domestic duties?

A No. It is an offence under the Immigration Ordinance to ask your helper to work for another person other than the employer named on his/her visa or to ask him/her to perform non-domestic duties. Employers found to have breached the Immigration Ordinance may face prosecution.

FOR HELPER

Q1.6 What should I do when I start working for my employer?

A To facilitate reimbursement of costs of documentation by your employer, you should produce receipts for all relevant expenses incurred in preparing the documents.

You are advised to ask your employer to explain your duties and get a clear idea of what your employer expects of you. You shall perform domestic duties as specified in the “Schedule of Accommodation and Domestic Duties”* of your employment contract.

You should keep your own personal identification documents (e.g. identity card, passport, etc.). No other person, including your employer or staff of the employment agency, should keep these documents for you without your consent.

Q1.7 Can I live away from my employer’s home?

A No. You should work and reside in your employer’s residence in accordance with Clause 3 of the standard employment contract. Your employer is required to provide you with free accommodation as per the standard specified in the “Schedule of Accommodation and Domestic Duties”* of the employment contract.

(For those live-out arrangements which have been approved by the Director of Immigration before 1 April 2003, the helper is allowed to reside in places other than the employer’s residence provided that the employer continues to employ foreign domestic helper without a break of more than 6 months.

Q1.8 Can I take up part-time employment with my employer’s consent?

A No. It is an offence under the Immigration Ordinance for you to take up any employment with any person other than your employer named on your visa. You will be liable to prosecution and removal for breaching the conditions of stay. If you are so removed, you will not normally be allowed to come to Hong Kong again to work as a helper.

Q1.9 What should I do if my employer deploys me to work for another person or take up non-domestic duties?

A You should report the matter to the Investigation Division of the Immigration Department.

Q1.10 What should I note on my personal safety and rights while I work in Hong Kong?

A If you were being physical abused or your personal safety is at risk, call the police emergency hotline “999” immediately for assistance.

If you are not paid your wages or any of your employment right is infringed, call the Labor Department 24-hour Inquiry hotline “2157 9537” or approach the branch office of the Labor Relations Division of the Labor Department for Inquiry and assistance. See Chapters 3 and 12.

Always keep your passport and Hong Kong Identity Card yourself. No other person should keep your passport for you.

You should not sign any documents if you do not understand or agree.

* The standard employment contract includes a “Schedule of Accommodation and Domestic Duties” which specifies the standard of accommodation and details of domestic duties performed by the helper.