Employer notes

 

Notes for Hiring a Helper

A. Conditions of Application

  • (1) The Employer is financially capable of employing a Helper. In general, for every Helper to be employed, the employer must have a household income of no less than HK$15,000 per month or asset of comparable amount to support the employment of a Helper for the whole contractual period ;
  • (2) the Helper and the employer shall enter into a standard Employment Contract (ID 407) ;
  • (3) the Helper shall only perform domestic duties for the employer as specified in the standard Employment Contract (ID 407) ;
  • (4) the Helper shall not take up any employment with any other person during his/her stay in Hong Kong ;
  • (5) the employer will pay the Helper a salary that is no less than the minimum allowable wage as announced by the HKSAR Government. If no food is provided to the Helper, the agreed amount of food allowance should not be less than HK$920 per month ;
  • (6) the Helper shall work and reside in the contractual address only ;
  • (7) the employer shall provide the Helper with suitable accommodation and with reasonable privacy ;
  • (8) the bona fides of the employer and the Helper are not in doubt ;
  • (9) there is no known record to the detriment of the employer and the Helper; and ;
  • (10) the employer is a bona fide Hong Kong resident。

B. Documents Required

  • (1) Employer’s HKID card copy
  • (2) Employer’s financial proof copy
    ***The reason for delay in visa release is always because the employers fail to provide proper and adequate financial proof***
    ● An Assessment Demand Note issued by Inland Revenue Department for the current or last fiscal year (Page 1 & 2), showing an annual income HK$180,000 or above (please do NOT provide Tax Returns filed by you or your employer); or
    ● The last 3 months bank auto pay wage records; or
    ● Letter of Employment from a company with the evidence of payroll for at least 6 months and the monthly salary should be HK$15,000 or above. If being employed for over one year, an Assessment Demand Note must be provided; or
    ● An evidence within the past 6 months showing a saving or fixed deposit of HK$350,000 or above; or
    ● A letter from bank showing asset balances amounted to $ $350,000 or above in the last 6 months.(Note: If the finance proof for application includes spouse’s income, a copy of Marriage Certificate and spouse’s identity card must be provided)
  • (3) An original proof of residence issued in the last one month (e.g. Bills for electricity, water, government rates, fixed telephone lines, cable TV or gas)
    Notes :
    ● Financial proof, mobile bills or letters from banks are NOT accepted
    ● Please provide proper address proof if employers reside in villages or small houses
    ● If the employer fails to provide valid proof of residence, he/she may submit the ones for his/her spouse or child with a proof of relationship, such as birth certificates or marriage certificates and copies of ID cards
    ● Public housing tenants should provide housing living permit and a floor plan of the helper’s room
    ● Tenants should provide a tenancy agreement and his/her landlord’s proof of residence
  • (4) A completed Application Form (ID 988A and ID 988B), original
  • (5) Employment contract (ID 407), 4 original copies

C. Helper’s Wage

  • The Minimum Allowable Wage for Helpers is HK $4,630 per month (effective from 1 October 2020)
  • Underpayment of wage is an offense.

D. Arrangements of Food and Accommodation

  • (1) Helpers generally come from tropical countries, they usually do not have clothes for winter and they are lack of daily necessities.
  • (2) Employers should provide Helpers with free breakfast, lunch and dinner, or pay food allowance in lieu of free meals. (not less than HK$1121 per month, effective from 1 October 2020)
  • (3) Employers must provide free accommodation for Helpers. The accommodation address must be consistent with that as prescribed in Standard Employment Contract ID407.
  • (4) The scope of duties and place of work for Helpers are limited to that as prescribed in Standard Employment Contract ID407, otherwise it is an offence.

E. Insurance Arrangement

  • From the arrival date of the Helper at Hong Kong, the employer shall take out labour insurance policy for the Helper, and otherwise the employer shall be guilty of an offence and sentenced to a maximum penalty of imprisonment and fine. In the course of employment, the employer shall offer the Helper labour insurance and free medical treatment (including: medical consultation, hospital maintenances and emergency dental treatment). After the arrival at Hong Kong, the Helper shall get Hong Kong Identity Card within one month so as to receive the medical treatment at governmental public hospitals upon sickness, and otherwise the hospital will consider the Helper as traveler and then charge very expensive medical treatment fee, which shall also be paid by the employer. Although the Helper of Hong Kong Identity Card is entitled to the benefit of public medical treatment and there are yet no current express provisions that the employer shall take out medical treatment insurance policy for his/her helper, we still propose that the employer can take out medical treatment insurance policy for the Helper after the arrival at Hong Kong, so as to avoid unnecessary medical treatment expenditure.

F. Insurance Coverage

  • As per provisions of the Employment Contract, the employer shall be liable for the following fee (the following fee is normally covered by domestic helper comprehensive insurance of very reasonable insurance premium):
    (1) Medical treatment fee for casualty and all diseases of the Helper (including: hospital maintenance and dental treatment);
    (2) ii. If the Helper suffers accident or occupational disease in the course of employment, the employer shall compensate the Helper as per Chapter 282 of Employees’ Compensation Ordinance;
    (3) iii. If the Helper dies at work (e.g. fire at home work) or not at work (e.g. traffic accident at leave outgoing), the employer shall pay the cost of transporting the Helper's remains and personal appropriately from Hong Kong to his/her place of origin.

G. Sickness Allowance and Medical Treatment Fee

  • Under the following circumstances, the employer shall pay sickness allowance for the Helper:
    (1) The Helper has accumulated sufficient number of paid sickness days;
    (2) The sick leave taken is not less than 4 consecutive days; and
    The sick leave is supported by an appropriate medical certificate

H. Termination of Contract

  • (1) If Employer or Helper intends to terminate the contract, they should provide one month notice or one month wage in lieu of notice.
  • (2) According to the labour ordinance, even the Helper requests for termination of contract or commits serious misconduct, the Employer is required to pay any outstanding wages, holiday compensations as well as the air-ticket fare and transportation allowance for the Helper returning to her home country.
  • (3) Within 7 days of the termination date of contract, Employer is required to inform Immigration Department in the form of a written notice. Notification of Termination of an Employment Contract (ID407E) can be faxed to Immigration Department directly. (Fax no. : 2157 9181)

I. Rest Days

  • Rest days are not compulsorily arranged on Sundays, but Employers should give Helpers 4 rest days per month, 1 rest day per week.
    Upon the completion of employment for 3 months, Helpers are entitled to the following statutory holidays, total 12 days per year
    (1) the first day of January
    (2) Lunar New Year's Day
    (3) the second day of Lunar New Year
    (4) the third day of Lunar New Year
    (5) Ching Ming Festival
    (6) Labour Day, being the first day of May
    (7) Tuen Ng Festival
    (8) Hong Kong Special Administrative Region Establishment Day, being the first day of July
    (9) the day following the Chinese Mid-Autumn Festival
    (10) Chung Yeung Festival
    (11) National Day, being the first day of October
    (12) Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)

J. Annual Leaves

  • After serving the Employer for 1 year, the Helper is entitled to 7 days' annual leave with pay.
Years of Service Annual Leave Entitlement
1 7
2 7
3 8
4 9
5 10
6 11
7 12
8 13
9 or above 14(Maximum)

K. Long Service Payment

  • The Helper is eligible for long service payment if employed under a continuous contract for not less than 5 years.
    Formula : Monthly Wage × 2/3 × Years of Service

Disclaimer
The information provided on this website is for reference only and does not constitute any legal advice, guidelines or statements.
For more details and information, please visit the following websites
Labour Department:
http://www.labour.gov.hk/tc/faq/content.htm
"Practical Guide for Employment of Foreign Domestic Helpers - What foreign domestic helpers and their employers should know":
http://www.labour.gov.hk/tc/public/pdf/wcp/FDHguide.pdf (2013年9月)
Quick Guide for the Employment of Domestic Helpers from Abroad [ ID(C)989 ]:
http://www.immd.gov.hk/tc/forms/forms/id-e-989.html
Guidebook for the Employment of Domestic Helpers from Abroad [ ID(C)969 ] :
http://www.immd.gov.hk/tc/forms/forms/id-e-969.html

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