Yes, you can ask helper to go out for buying daily necessities, pick up and drop off the children to go to class, care giving for family members and children when eating out, car-washing, delivery food or personal items to employer / his family members outside the employer's dwelling place etc. are considered incidental to household chores.

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, upon conviction, to a maximum fine of HK$350,000 and to imprisonment for 3 years.

Proof of employer's financial position is required provided that the employer's average monthly household income no less than HK$15,000 for each domestic helper to be employed. In general, Immigration Department may consider accepting the financial proof provided by the employer's child in support of the application for employing an FDH made by an aged parent.

No. All foreign domestic helpers in Hong Kong, regardless of nationality, are entitle to the minimum statutory wage. The current minimum statutory wage for FDH is HK$4,990 per month, and this is applicable to all standard employment contracts signed on or after 30th September 2023.

Employer is responsible for expenses incurred by the helper in preparation of documents for taking up employment; including: medical examination fees, authentication fees by the relevant Consulate, visa fee, insurance fee, and administration fee (e.g. Philippines Overseas Employment Administration "POEA" fee or other fees of similar nature imposed by the relevant government authorities). Under the contract period employer is required to provide the helper with suitable and furnished accommodation, free medical treatment, food free of charge or food allowance (*currently not less than HK$1,236.- per month), and employer has to take out employees' compensation insurance.

Since the Consulates of different countries have different processing procedures, the general time required for application to the arrive in Hong Kong is estimated as follows:

a. Filipino maid       ~   2 to 2½months
b. Thai maid            ~   2 to 2½months
c. Indonesian maid  ~  3 to 3½months

**«Immigration Department - Entry Visa for a new Foreign Domestic Helper»:

https://www.immd.gov.hk/

A domestic helper having been employed under a continuous contract for not less than 3 months is entitled to pay on statutory holidays. If the statutory holidya falls on a rest day, a holiday should be granted on alternatiive day

*The 13 statutory holidays for 2022:

1 January, Lunar New Year's Day(1 February), The second day of Lunar New Year(2 Febryary), The third day of Lunar New Year(3 February), Ching Ming Festival(5 April), Labour Day(1 May), The Birthday of the Buddha(8 May), Tuen Ng Festival(3 June), HKSAR Establishment Day(1 July), The day following the Chinese Mid-Autumn Festival(12 September), National Day(1 October), Chung Yeung Festival(4 October), Chinese Winter Solstice Festival(22 December) or Christmas Day(25 December)

**The 13 Statutory Holidays for 2023:

1st January, The second day of Lunar New Year (23rd January), The third day of Lunar New Year (24th January), The fourth day of Lunar New Year (25th January), Ching Ming Festival (5th April), Labour Day (1st May), The Birthday of the Buddha (26th May), Tuen Ng Festival (22nd June), HKSAR Establishment Day (1st July), The day following the Chinese Mid-Autumn Festival (30th September), National Day (1st October), Chung Yeung Festival (23rd October), Chinese Winter Solstice Festival (22nd December) or Christmas Day (25th December)

***The 14 statutory holidays for 2024:

1st January, Lunar New Year's Day (10th February), The third day of Lunar New Year (12th February), The fouth day of Lunar New Year (13th February), Ching Ming Festival (4th April), Labour Day (1st May), The Birthday of the Buddha (15th May), Tuen Ng Festival (10th June), HKSAR Establisment Day (1st July), The day following the Chinese Mid-Autumn Festival (18th September), National Day (1st October), Chung Yeung Festival (11th October), Chinese Winter Solstice Festival or Christmas Day (21st December or 25th December), The first weekday after Christmas Day (26th December).

Yes, 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, you should notify the helper his/her appointed rest days before the beginning of each month.

Yes, but you have to give him/her not less than 48 hours’ prior notice; and an alternative holiday within 60 days before or after the statutory holiday.

No. You must not make any form of payment to your helper in lieu of granting a statutory holiday, contravenes this provision is liable to prosecution and, upon conviction, to a maximum fine of HK$50,000.

No. The employer shall not unilaterally impose such leave on helper. Arrangement of taking no pay leave shall be of mutual consent to both parties.

Yes. Even if the weather is bad on rest day, helper still has the right to decide how to use it. However, it is the employer's responsibility to remind helper that in bad weather conditions (such as typhoon signal No. 8 or above), the insurance may not be compensated if there is any accident. If helper voluntarily stays at home, employer does not have to make another supplementary leave for the day, but employer cannot ask helper to work on the rest day. Otherwise, it is also illegal.

A helper is entitled to paid annual leave after having been employed for every 12 months with the same employer. When the employment contract is terminated, for 3 but less than 12 months that domestic helper is entitled to pro rata annual leave. The entitlement to paid annual leave increases progressively from 7 days to a maximum of 14 days according to the length of service as follows:

1st  years of Service:      7  days of paid annual leave per year 

2nd  years of Service:     7  days of paid annual leave per year 

3rd  years of Service:      8  days of paid annual leave per year 

4th  years of Service:      9  days of paid annual leave per year 

5th  years of Service:     10  days of paid annual leave per year 

6th  years of Service:     11  days of paid annual leave per year 

7th  years of Service:     12  days of paid annual leave per year 

8th  years of Service:     13  days of paid annual leave per year 

9th  (or above)  years of Service:  14  days of paid annual leave per year 

You should compromise with your helper beforehand regarding pay date of monthly wages, paying by cheque or by auto-payment into helper’s bank account. In any case, the pay date NOT later than 7 days after the end of the wage period. Otherwise, it is illegal.

Yes, under the employment contract, a helper shall accept medical treatment by any registered medical practitioner as provided by the employer.

• he/she has accumulated sufficient number of paid sickness days;
• the sick leave taken is not less than 4 consecutive days; and
• the sick leave is supported by an appropriate medical certificate.

Paid sickness days are accumulated at the rate of 2 paid sickness days for each completed month of employment during the first 12 months, and 4 paid sickness days for each completed month of employment thereafter. Paid sickness days can be accumulated throughout the whole employment period, but shall not exceed 120 days at any one time. The daily rate of sickness allowance is a sum equivalent to four-fifths of the average daily wages of the helper. It should be paid not later than the normal pay day.

• Employer can submit an application to the Immigration Department 2 months before the expiration of the current contract if wishes to complete the follow-up appointment with helper within the 2-year contract period. Applications will normally be finalized within 10 working days upon receipt of all necessary documents.
• Helper shall, before the renew contract commences, return to the place of origin at employer’s cost for a paid/unpaid vacation of not less than 7 days according to the standard employment contract.
• Another contract is renewed, but the helper cannot return to his/her place of origin immediately, the home leave may be deferred with the consent of the employer and the helper and apply for an extension of stay. The employer and the helper need to complete the application form (ID 988A and ID 988B) and submit them to the Immigration Department for approval. However, the extension of the stay period usually cannot exceed one year.
• In case of employment contract termination, the employer and the helper shall to notify (ID407E) the Immigration Department within 7 days of the date of termination. The helper has to leave Hong Kong within 14 days from the date of termination of contract or before the expiry of his/ her limit of stay, whichever is earlier.

By post

Foreign Domestic Helpers Section Immigration Department,
3/F, Immigration Tower,7 Gloucester Road, Wan Chai, Hong Kong.

By fax

(852) 2157 9181

In person

Receipt and Dispatch Unit Immigration Department,
2/F, Immigration Tower,7 Gloucester Road, Wan Chai, Hong Kong.

Yes. Either party may terminate the contract by giving 1 month’s notice in writing or 1 month’s wages in lieu of notice to the other party.

• If the helper is dismissed or the contract is not being renewed by reason of redundancy; and has not less than 24 consecutive months of employment with you prior to the termination, you should pay severance payment to the helper.
• If the helper has worked continuously for not less than 5 years, and is dismissed or the contract is not being renewed by reason other than summary dismissal due to his/her serious misconduct or redundancy; or he/she resigns is certified by a registered medical as being permanently unfit for the present job; or he/she resigns on ground of old age which over 65 years old; or dies in service, you should pay long service payment.
• Calculation formula : [(Last month wages x 2/3) x reckonable years of service]        

a) Service of an incomplete year should be calculated on a pro rata basis;
b) In addition have to bear a free return passage to helper’s place of origin;

c) A helper will not be simultaneously entitled to both severance payment and

    long service payment;

d) Can refer to the calculation result from techniCOOK - Wage Calculator

If FDH:

• has been confirmed pregnant;
• on paid sick leave;
• giving of evidence or information in any proceedings or inquiry in connection with the enforcement of the Ordinance or work accidents;
• joining trade union membership or union activities;
• dismissal before parties concerned have entered into an agreement for injured employee’s compensation or before the issue of a certificate of assessment.

• She has been employed under a continuous contract for NOT less than 40 weeks immediately before the commencement of scheduled maternity leave;
• She has given notice of pregnancy and her intention to take maternity leave to her employer after the pregnancy has been confirmed, such as by presentation of a medical certificate confirming her pregnancy to the employer; and
• She has produced a medical certificate specifying the expected date of confinement if so required by the employer.

The daily rate of maternity leave pay is a sum equivalent to four-fifths of the average daily wages of the helper. It should be paid on the normal pay day of the helper.

You should notify Immigration Department if you consider that the contract has been unilaterally terminated by the other party. If you are unable to locate the whereabouts of the helper, you may also wish to report the case of missing helper to the Police.

Yes, you can make deductions for damage to or loss of your goods, equipment or property by the helper’s neglect or default. In any one case, the sum to be deducted shall be equivalent to the value of the damage or loss but not exceeding HK$300. The total of such deductions shall not exceed one quarter of the wages payable to the helper in that wage period.

Yes, If the employer owns or rents a large bungalow with a private garden or swimming pool, a male helper may be required to do some heavy work. Or, if the family member of the employer is a handicapped or seriously ill, there is need a strong man to help walk, daily care, and seek medical treatment.

No. Under the Standard Employment Contract (ID407), domestic duties to be performed by FDH exclude driving of a motor vehicle. Moreover, the visa granted to FDH to take up employment in Hong Kong is subject to the condition of stay that performing of driving duties is not permitted. To address the genuine needs of some employers, a special arrangement is made to allow FDHs to perform driving duties which are incidental to and arising from domestic duties. Application may be made to the Director of Immigration for special permission to be granted to the FDH to perform driving duties.

FDH must be in possession of a valid Hong Kong driving licence at the time of application for special permission to perform driving duties. You may submitting the special permission together with an FDH’s fresh entry visa application, renewal of contract or change of employment which should be make to the Immigration Department and .the Foreign Domestic Helpers Section of the Department. 

The indiscriminate use of video cameras at home to monitor a domestic helper’s activities is by its nature an intrusion upon privacy, you are not legally empowered to monitor the rights of your helper. Employer must seriously consider whether it is indeed necessary to undertake such monitoring. After the assessment and considered all factors, nevertheless resolved to undertake video monitoring at home, employer should consider the “reasonableness & openness” manner in which the monitoring is carried out, employer should inform the helper about it and properly handle the video records, generally should not be retained for more than 7 days. In view of the serious invasion of privacy by covert monitoring, it can only be used under special exceptions.

Please see «Protection of Personal Data Privacy Guidelines»

www.pcpd.org.hk/

FDH is not contractually obligated to perform massage service for employer as such service is generally not regarded as domestic duties. However, it is permissible to help handicapped or paralyzed parent of the employer to perform regular movements of their limbs as part of the domestic duties of taking care of a household member. 

Employer can decide for himself. If you agree to lend money, you may deduct FDH’s salary as part of the loan repayment with written. However, the total amount of wages deducted shall not exceed half of the wages payable to him/her during the wage period.

In principle, there is no express requirement that the employer has the obligation or responsibility to provide or pay the long-distance telephone charges for FDH. If employer is worried that he/she will abuse long distance calls, employer can apply to the telephone company for the password function.

If you want shift your FDH to work for your parents, arrangements should be made for a new contract to be signed between your parent and the helper and an application should be made to the Immigration Department for change of employer.

If employer immigrates overseas and wants to go with the FDH, first of all, you need to check the procedures and fees at the consulate of the destination, because the foreign domestic helper policy of each country changes from time to time. If you expected your helper only needs to stay in the country for 3 months, it may consider applying tourist visa for the helper, and then apply for a work visa at the local immigration office of the destination.