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Employer Section

This section is addressed to employers to help you navigate your rights and obligations when employing a foreign domestic worker in Hong Kong.

 

What an employer MUST provide to the Foreign Domestic Worker

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Where to start 

 

Some basic elements to know:

  • You do NOT have to go through an Employment Agency, though that is a very common practice

  • All FDH are hired through the same standard contract provided by the government

 

There are many helpful websites for employers. Here are three good ones to start:

 

The Government information pages:

 

Additional information:​

 

 

Wages and benefits (from 1 Oct 2021)

 

  • The Minimum Allowable Wage is currently set at HK$4,630

  • Accommodation: suitable accommodation and with reasonable privacy must be provided at your home. For example, you cannot make your helper sleep in the same room as another adult of the opposite sex.

  • Free food must be provided. Alternatively, an allowance of no less than HK$1,173 per month must be paid

 

Days off

  • Your helper is entitled to one day off per week. This is usually on Sunday (it’s an important day for your helper to socialize with his/her friends)

  • Your helper is entitled to 7 days of annual leave per year

  • Your helper is entitled to all of Hong Kong's Statutory holidays. The list can be found here. 

  • Your helper is entitled to paid sickness leave (see guides below)

  • Your helper is entitled to paid maternity leave (see guides below)

 

Flights

  • Before arrival: You must provide free passage from your helper’s home country to Hong Kong 

  • Upon termination or expiry of the contract, you must provide free passage back to your helper's home country

  • During the contract, you must provide free passage to your helper's home country for her annual leave once a year

 

Cathay Pacific offers special domestic helper fares for Philippines and Indonesia

 

Inexpensive flights may be found on these sites:

Philippines Airlines

Cebu Pacific Air

Garuda Indonesia

 

Here are some sites to use for air fare comparisons:

HutchGo

SkyScanner

 

 

Insurance and medical

  • You must provide FREE medical treatment to your helper (including medical consultation, hospitalisation and dental). It is STRONGLY encouraged to take an insurance to cover the above. 

  • You must provide Employee Compensation Insurance. This provides coverage in case of accidents while your helper is working.

  • According to the Labour Department, “an employer who fails to comply with the compulsory insurance requirement is liable on conviction to a maximum fine of $100,000 and imprisonment for two years.” The Employees’ Compensation Ordinance (Cap. 282) states that the minimum insurance cover required is $100,000,000/event. The least expensive and most basic form of helper insurance should provide this minimum requirement. 

  • Compensation Insurance does not cover health insurance. Employers are, however, required to provide free medical treatment which includes medical consultations, maintenance in hospital, and emergency dental treatment. This is why it’s strongly encouraged that you take out an insurance policy with full medical and hospitalization coverage.

  • You must ALSO take out insurance policy to cover your own liability both under the Ordinance and at common law for injury at work in respect of an employee.

  • This article has some examples of insurance.  

  • This table is a good comparison chart of insurance options (as of May 2021).  

 

More extensive domestic helper insurance plans can cover, in addition to the government minimum requirement, benefits such as:

• Health insurance

• Repatriation expenses

• Personal accident insurance

• Fidelity coverage

• Dental insurance

• Replacement expenses

• Temporary worker subsidy

 

A number of insurance companies and banks provide special insurance packages for Foreign Domestic Workers such as HSBC, AIG, BlueCross, AIA and HLIA. 

 

You can also reach out to some insurance brokers to help you. Andy Bentall of Sun Flower Insurance Brokers Ltd.

Mobile: 9376-2786

Fax: 2521-1919

Email: andy_b@sunflowergroup.com.hk

Address: Room 1108, 11th Floor, Hing Yip Commercial Centre

282 Des Voeux Road Central, Hong Kong

 

 

Conflicts (mediation, reporting)

 

If things are not going well, the first thing to do is to have a frank conversation with your helper. There might be other things happening unbeknownst to you that impact the situation (such as illness, personal stress due to loan sharks…etc). 

 

Your helper has gone through a lot of effort to work in Hong Kong so it’s important for you to remember that it is unlikely they would not squander this opportunity for nothing. People very seldom do things by malice either.

 

Be aware that you need tangible proof of everything you are accusing someone of. Stealing, for example, is a grave matter but just as grave is accusing someone wrongly of stealing.

 

If an open, calm discussion does not yield results, then the next stage is to ask for mediation. 

  • If the issue is about the employment, the Labour Department offers free conciliation services

  • If you used an employment agency, you can turn to them for advice and mediation help. 

  • This article has some information on counselling.  

 

If these discussions do not yield results, it is advisable to give a formal warning letter to your helper to show the progress of the issue. This should include:

 

  • A clear definition of the problem

  • Suggested solution/ required improvement 

  • Timeline for expected action 

  • Consequences of not meeting the expectations

 

Both you and your helper should sign the letter to show understanding of the content. It’s important that you explain the content of the letter to your helper. This should not just be seen as a necessary step - the goal is to come to a satisfactory outcome.

 

If all else fails, you can consider terminating the contract. 

 

 

Termination of contract

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If you terminate the contract for any reason, you need to give 1 month notice for termination. You have to notify the Immigration Department within 7 days of the termination date. Details can be found here. 

 

Be aware that your helper has to leave Hong Kong two weeks after the termination date.

 

You also need to also pay:

  • all the salary owed

  • long service payment (if s/he worked for at least 5 years)

  • any annual leave not taken 

  • severance payment (if s/he worked for at least 2 years for you) and is made redundant (for example because you/the employer leaves Hong Kong)

  • money to cover the flight tickets for your helper to return home (or pay directly for flight tickets)

  • daily food and travel allowance of HK$100 per day

 

Please do not take the termination process lightly! Here is a step by step reminder:

  1. Inform the employment agency (if relevant) if you are experiencing challenges.

  2. Read and understand your legal obligations. 

  3. Inform the domestic helper about the termination and confirm the last working day with a Notice Letter.

  4. Prepare termination documents.

  5. Settle any termination entitlements (e.g. pay, leave….etc.)

  6. Inform the Hong Kong Immigration Department.

  7. Inform the employment agency (if relevant) and provide them with document copies.

 

More information can be found here: 

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