Frequently asked questions for employers hiring domestic helpers

Can't. Hiring foreign domestic helpers"Standard Employment Contract" (ID 407)It is the only formal contract for all foreign domestic workers in Hong Kong. Any other employment contract entered into privately between the employer and the domestic worker is unenforceable in Hong Kong.

The term of the Standard Employment Contract is two years.

From September 28, 2024, the required minimum wage for foreign domestic workers is $4,990 per month, applicable to all contracts signed on or after September 28, 2024. All foreign domestic workers should be paid according to the wages stated in the "Standard Employment Contract". Employers should not unilaterally decide or reach private agreements with their domestic workers to pay wages lower than the prescribed minimum wage. Falsifying or underpaying domestic helpers’ wages is illegal and can result in prosecution and imprisonment.

The Employment Ordinance stipulates the circumstances under which an employment contract may be terminated immediately, as well as the restrictions on termination of an employment contract.

Both the employer and the domestic helper may terminate the contract before the expiry of the contract by giving the other party one month's written notice or wages in lieu of notice in accordance with Clause 10 of the Standard Employment Contract.

The employer and the domestic helper must each give written notice to the Director of Immigration within seven days of the date of termination of the contract. They must also submit a copy of the other party's written confirmation of the termination of the contract to the Director of Immigration. They may also choose to fill in the Immigration Department'sNotice of Termination of Employment Contract of Foreign Domestic Helper」(ID 407E).

Employers are required to pay any unpaid wages and contractual amounts to their domestic workers. It is best to pay by bank transfer to keep a record of the payment. It is unlawful for an employer to fail to pay the domestic helper the statutory entitlements and payments applicable upon termination of the contract in accordance with the Employment Ordinance and the Standard Employment Contract.

The Employment Ordinance stipulates the circumstances under which an employment contract may be terminated immediately, as well as the restrictions on termination of an employment contract.

Employers may dismiss their domestic workers immediately without prior notice or payment in lieu of notice in the following circumstances: If the domestic helper:
Willful disobedience of a lawful and reasonable order of an employer;
inappropriate behavior;
fraud, dishonesty; or
Habitual neglect of duty.
Summary dismissal is a serious disciplinary action and is only applied when the domestic worker has committed very serious misconduct or has failed to improve after repeated warnings.

Foreign domestic workers can also terminate the "Standard Employment Contract" immediately without prior notice or payment in lieu of notice in the following circumstances:
Reasonable fear of physical harm from violence or disease;
Being mistreated by the employer; or
has worked for the employer continuously for not less than 5 years and is certified by a registered medical practitioner or registered Chinese medicine practitioner as being permanently unfit for the present job.
The law only allows for immediate termination of a contract in exceptional circumstances, and this must be supported by sufficient justification; otherwise, the party may face claims from the other party.

An employer cannot dismiss a domestic helper in the following circumstances/for the following reasons:
The domestic worker has confirmed her pregnancy and has notified her employer of the pregnancy;
Foreign domestic workers are on paid sick leave;
Because the domestic helper has given evidence in legal proceedings relating to the enforcement of the Employment Ordinance or accidents arising out of work, or provided information to public officers conducting inquiries;
because the foreign domestic worker participates in a trade union or its activities; or
Before an agreement on work injury compensation is reached with the injured foreign domestic worker, or before the relevant assessment certificate is issued.

If an employer dismisses a foreign domestic worker under the above circumstances/for the above reasons, it is illegal and the employer may be prosecuted and, upon conviction, fined up to HK$100,000.

Foreign domestic workers are protected under the Employment Ordinance just like local employees and can enjoy the rights and benefits set out in the Standard Employment Contract.
If an employer wishes to terminate an employment contract with a foreign domestic worker, the employer must give the domestic worker one month’s written notice or pay one month’s wages in lieu of notice, as well as other payments associated with the termination of the employment contract, which usually include:
Any unpaid wages;
salary in lieu of any untaken annual leave and the pro rata annual leave pay for that leave year;
Severance payments or long service payments; and
Other amounts payable to the domestic helper under the Standard Employment Contract, such as travel expenses upon return to the home country, meals and transport allowances, etc.

When terminating a contract, the employer may refer to the Labour Department’sReceipt Sampleto view the amount required to pay. Employers and domestic helpers can also useStatutory Employment Rights Reference CalculatorCalculate the relevant amounts.

Foreign domestic workers are entitled to paid annual leave after working for the same employer for 12 months. The number of paid annual leave will increase from 7 days to 14 days based on the domestic helper’s years of employment.
When an employer terminates a domestic helper's contract, he or she must pay the domestic helper annual leave pay in lieu of the unpaid annual leave. In addition, in each leave year (i.e. every 12 months after the start of the foreign domestic worker’s employment), if the foreign domestic worker has been employed for 3 months or more but less than 12 months, he or she will also be entitled to pro rata annual leave pay. pleaseClick hereLearn more about paid annual leave.

If a domestic worker has worked for an employer continuously for not less than 24 months and is dismissed due to redundancy or non-renewal of contract*, the employer is required to pay severance pay.
If a foreign domestic worker has worked for an employer continuously for not less than 5 years and is dismissed or has his contract not renewed for reasons other than serious misconduct or redundancy*, the employer is required to pay long service payment.
* If the employer requests the domestic helper in writing to renew the contract or re-engage with a new contract not less than 7 days before the termination date or expiry date of the contract, and the domestic helper unreasonably refuses, the domestic helper will not be entitled to severance payment or long service payment.
Foreign domestic workers can only enjoy severance pay or long service payment at the same time. pleaseClick hereFind out more about redundancy and long service payments.

The calculation method of severance payment and long service payment is as follows:
(Monthly salary × 2/3) × traceable years of service*
* Service periods less than one year will be calculated on a pro rata basis

Labour DepartmentLabour Relations Division Branch OfficeProvides consultation services to help employers and foreign domestic workers understand their employment rights. The Division also provides free conciliation services to resolve claims arising from the Employment Ordinance or employment contracts. If mediation is unsuccessful, the Labour Department will, at the request of the parties concerned, refer the case to the Minor Employment Claims Adjudication Board or the Labour Tribunal for hearing depending on the amount of the claim.

Employers and domestic workers can go to the Labour Department's website (https://www.labour.gov.hk/tc/faq/content.htm) and telephone enquiry service (2717 1771 / 2157 9537) to obtain information on the Employment Ordinance.

The Labour Department has a website dedicated to employment agencies (www.eaa.labour.gov.hk), allowing job seekers (including foreign domestic workers) and employers to easily obtain information related to the regulation of employment agencies and check whether employment agencies hold valid licences. To enhance the transparency of the past records of employment agencies and enable job seekers and employers to make informed decisions when using the services of employment agencies, the Labour Department publishes in a systematic manner on the Employment Agencies Thematic Website the records of employment agencies that have been convicted of offences, had their licences revoked/refused to renew and received written warnings for excessive charging of commissions and operating without a licence. also,Foreign domestic helper websiteandEmployment agency websiteOnline forms are available for employers and FDHs to conveniently make enquiries or complaints regarding their employment rights and employment agency matters.

According to Clause 6 of the Standard Employment Contract, foreign domestic workers are entitled to the leave stipulated in the Employment Ordinance:
Rest day;
statutory holidays;and
Paid annual leave.
In addition, Clause 13 of the Standard Employment Contract provides that if an employer renews the contract with a domestic worker, the domestic worker must return to his or her place of origin to take a paid/unpaid leave of not less than 7 days before the new contract takes effect (unless the Director of Immigration has approved an extension of stay in Hong Kong in advance), and the employer shall pay for the leave.

Employers should keep proper records of the domestic helpers’ leave and wages to avoid future disputes.

Can't. According to Clause 3 of the Standard Employment Contract, foreign domestic workers must work and reside at the employer's residential address specified in the contract during their employment in Hong Kong. Employers must provide suitable accommodation with reasonable privacy for domestic workers. Examples of inappropriate accommodation arrangements include making the domestic helper sleep on makeshift beds placed in the corridor with no private space, or sharing a room with adults/teens of the opposite sex.

A female domestic worker is entitled to 14 consecutive weeks of paid maternity leave if she meets the following conditions:
has been employed for not less than 40 weeks immediately before the commencement of the maternity leave;
giving the employer notice of pregnancy and intention to take maternity leave, such as by providing the employer with a medical certificate confirming the pregnancy; and
Upon request by the employer, a medical certificate stating the expected date of delivery has been submitted to the employer.
The daily amount of maternity leave pay is equal to four-fifths of the domestic worker's average daily wages. pleaseClick hereFind out more about maternity leave.
After paying all maternity leave pay during the normal pay period, the employer may apply to the Government for reimbursement of the maternity leave pay required and paid for the 11th to 14th weeks under the Employment Ordinance on an account-based basis. For details, please visitMaternity Leave Pay Reimbursement Schemewebsite.

Can't.Pregnancy of a domestic worker cannot be a legal ground for dismissal. Here are the detailed instructions:

The law explicitly prohibits dismissal due to pregnancy
Protection under the Employment Ordinance：All employees working in Hong Kong (including foreign domestic workers) are protected by the ordinance. If an employer dismisses a foreign domestic worker because of her pregnancy, it may constitute "unreasonable dismissal" and the employer will be required to bear legal liability, including paying compensation, a reinstatement order, or even a criminal fine, and may be prosecuted.

Sex Discrimination Ordinance: Dismissing a pregnant domestic worker may also constitute gender discrimination, and the employer may face investigation and litigation by the Equal Opportunities Commission.

Maternity leave rights: If the domestic worker meets the requirements (such as having worked for the employer for 40 consecutive weeks), she or he can enjoy 14 weeks of maternity leave, during which the employer must pay four-fifths of her salary.
Health and safety: If pregnancy affects the ability to work, employers should adjust work arrangements based on doctors’ advice (e.g., avoid heavy lifting) rather than firing employees outright.

The Employment Ordinance stipulates that employers shall not assign pregnant employees to perform work that is strenuous, dangerous or harmful to pregnancy. If the pregnant domestic helper has submitted a medical certificate to her employer stating that she is not suitable for the job, the employer should appropriately adjust the work scope of the pregnant domestic helper based on relevant professional advice.

In addition, when employers assign foreign domestic helpers to clean windows, they must comply with the terms of the "Standard Employment Contract" regarding cleaning external windows to protect the occupational safety of foreign domestic helpers. The clause stipulates that when an employer requires a domestic helper to clean the outside side of a window, and the window is not located at ground level and adjacent to a balcony or corridor where the domestic helper can reasonably work safely, the following safety measures must be met before the domestic helper can clean the outside window:
the window being cleaned must have a grille installed and the grille must be locked or secured to prevent it from being opened; and
No part of the body other than the arms should be allowed out of the window.

Pregnant foreign domestic workers should undergo regular antenatal check-ups to ensure the health of both mother and baby. You can obtain information on antenatal check-up services provided by Maternal and Child Health Centres of the Department of Health and the Hospital Authority through the following links:
Maternal and Child Health Centre, Department of Health
Hospital Authority
If the domestic worker wishes to return to her place of origin to give birth and take maternity leave, she may make a request to her employer so that both parties can discuss and agree on the relevant arrangements.
If a foreign domestic worker becomes pregnant unexpectedly, she can file a complaint with the Social Welfare Department.Integrated Family Service Centre(Tel: 2343 2255) orFamily Planning Association of Hong Kong(Tel: 2572 2222) for consultation and counselling services.

Can.Foreign domestic helperThey have the right to receive free prenatal and postnatal checkups at the same public medical institutions as local residents.

Precautions
Employers should ensure that the domestic worker’s medical insurance covers pregnancy-related items (some insurance policies may exclude this), or bear the costs directly.

Employers are not required to cover pregnancy-related expenses.

If the domestic worker has been employed for 40 weeks or more, the normal wage will be calculated as 80% (Maternity Leave with Pay). Employers may submit applications for reimbursement of maternity leave pay for the 11th to 14th weeks of maternity leave that they are required to pay and have paid under the Employment Ordinance through the Maternity Leave Pay Reimbursement Scheme (the Reimbursement Scheme), subject to a cap of $80,000 per employee.

Foreign domestic workers can be granted up to an additional 4 weeks of leave for the above reasons.

If the domestic worker resigns voluntarily, both parties can agree to terminate the contract, but this must be recorded in writing and coercion must be avoided.

There is no "termination of contract upon pregnancy" clause in the standard domestic worker contract, and employers adding such clauses on their own may be invalid.

Confirmation of the domestic helper’s pregnancy: A doctor's certificate is required.
Comply with maternity leave regulations: Arrange maternity leave and pay statutory remuneration.
Seek negotiation: If the domestic worker is unable to work due to health reasons, a termination plan agreed upon by both parties can be negotiated (needs to be recorded in writing).
Consult professional advice: If in doubt, contact the Labour Department or legal advisor to avoid accidentally violating the law.

The domestic helper can file a complaint with the Labour Department or the Labour Tribunal. The employer may have to pay:
Maternity leave pay, termination benefits (up to $150,000), reinstatement or compensation.
If discrimination is involved, additional compensation for mental damages shall be paid.

Employers are not allowed to dismiss their domestic workers due to pregnancy, otherwise they will face legal risks. The right approach is to fulfill maternity leave responsibilities and resolve work arrangement issues through legal channels. If you need further assistance, please contact the Hong Kong Labour Department (hotline:2717 1771) or seek legal advice.

If a male domestic worker has been employed for at least 40 weeks, he is entitled to 5 days of paternity leave for each birth of his spouse/partner;
The father of a newborn baby2 or a father who is about to have a baby;
employed under a continuous contract; and
The employer has been notified as required by law.

Male employees are eligible for paternity leave pay if they meet the following conditions:
has been employed under a continuous contract for not less than 40 weeks immediately before the day on which he takes paternity leave; and
Provide the required documents to your employer by the earlier of:
(i) within 12 months after the first day of paternity leave; or
(ii) if the employee has ceased to be employed, within 6 months after such cessation of employment.
The daily rate of paternity leave pay is equal to the average daily wage earned by the employee in the 12 months before taking paternity leave.
Four fifths of the salary. If an employee takes paternity leave for more than one consecutive day, the daily rate of paternity leave pay shall be the same
Four fifths of the average daily wages earned by the employee in the 12 months before the first day of paternity leave. As an employee
If the employment period is less than 12 months, the shorter period shall be used for calculation.

When using the employment services of an employment agency, you should:
Ensure that the employment agency holds a valid licence issued by the Labour Department;
Pay the specified commission only after receiving your first month’s salary and ensure that the commission does not exceed 10% of your first month’s salary;
Ask the employment agency to issue a receipt after payment;
Keep your original copy of the Standard Employment Contract; and
Keep your personal identification documents safe.
You should not:
pay any expenses or charges other than the prescribed commission;
At the request of the employment agency, borrow money from a finance company to pay the employment agency; and
Sign any document, agreement or contract without understanding or being sure.
For more information, please visitEmployment agency website.

Generally speaking, foreign domestic workers working in Hong Kong should try to complete the two-year employment contract. If a foreign domestic worker wishes to apply to change employers, she must first return to her place of origin and reapply for a work visa from the Immigration Department. In special circumstances, such as when the original employer is unable to continue to perform the contract due to transfer, emigration, death or economic reasons, or when there is evidence that the foreign domestic worker is being mistreated or exploited, the foreign domestic worker may apply to change employers in Hong Kong without having to return to their place of origin first.

If a domestic worker is suspected of abusing the arrangement of early termination of contract and change of employer, his/her work visa application may be rejected, and the relevant record will also be one of the factors considered by the government in considering his/her future work visa application.

Generally speaking, foreign domestic workers are required to leave Hong Kong upon completion of their contract or within 2 weeks after termination of their contract, whichever is the earlier. If the foreign domestic helper does not leave Hong Kong on or before the expiry of his/her stay, he/she will be guilty of violating the conditions of stay and may be prosecuted. Once convicted, he/she may be fined up to HK$50,000 and imprisoned for 2 years. After serving his/her sentence, the foreign domestic helper will be deported. After being deported, he/she will no longer be allowed to come to Hong Kong to work as a domestic helper. If you have any questions about the conditions of stay, please contact the Immigration Department (Tel: 2824 6111; Email:enquiry@immd.gov.hk) query.

yes. Employers are required to purchase employees' compensation insurance (commonly known as "labour insurance") for their foreign domestic workers to cover their liabilities under the law (including common law). If an employer fails to purchase labor insurance in accordance with the law, he or she will be in violation of the law. Once convicted, the employer may be fined up to HK$100,000 and imprisoned for up to 2 years.

In addition, according to Clause 9(a) of the Standard Employment Contract, employers must provide free medical care, including consultation expenses, hospitalization expenses and dental emergencies, to domestic helpers during their employment in Hong Kong. To prevent employers from losing budget due to having to bear the medical expenses of their foreign domestic workers when they are injured or sick, we encourage employers to purchase comprehensive foreign domestic worker insurance for their foreign domestic workers that covers both medical insurance and labor insurance. The insurance market offers a variety of comprehensive insurance products for foreign domestic workers. Employers can choose suitable insurance plans according to their needs.

Wages can be paid to the domestic helper by cheque or bank transfer, or in cash upon the domestic helper's request. You should provide the FDH with a wage receipt and explain clearly to the FDH how the wage was calculated. Ask the FDH to sign on the receipt to confirm receipt of the payment and keep it in a safe place.

Some employers will install CCTV surveillance systems at home to ensure home safety and take care of their family members. If you decide to install a surveillance system, you should be open and clearly inform the domestic helper that there is a CCTV surveillance system in the house before you conduct the first surveillance activity. Please note that the surveillance system cannot record the domestic helpers’ activities in the toilet, bathroom and private space where they rest after work.

Employers should refer to the "Tips for employers to monitor employees' work activities: Things domestic helpers should pay attention to"Understand the relevant rules. If monitoring activities are carried out without the knowledge of the domestic helper, the employer may violate the Personal Data (Privacy) Ordinance.

The "Standard Employment Contract" includes a clause for cleaning external windows to protect the occupational safety of foreign domestic workers. The clause stipulates that when an employer requires a domestic helper to clean the outside side of a window, and the window is not located at ground level and adjacent to a balcony or corridor where the domestic helper can reasonably work safely, the following safety measures must be met before the domestic helper can clean the outside window:

the window being cleaned must have a grille installed and the grille must be locked or secured to prevent it from being opened; and
Foreign domestic workers are not allowed to stick any part of their body out of the window except their arms.

To enhance the skills of foreign domestic helpers in caring for frail elderly people, the Social Welfare Department (SWD) has been implementing thePilot Scheme on Training for Foreign Domestic Helpers and Elderly Caregivers, working with District Elderly Centres under non-governmental organisations, to provide free training for foreign domestic workers in all 18 districts of Hong Kong.

In addition, the Social Welfare Department will also implement the "Pilot Training Scheme for Foreign Domestic Helpers Caring for Persons with Disabilities" from October 2023, entrusting the District Support Centres for Persons with Disabilities to provide free training for foreign domestic helpers to enhance their knowledge and skills in caring for persons with disabilities. Interested employers and domestic workers can contact theDistrict Elderly Care CentreorRegional Support Center for People with Disabilities, check course dates and registration.

According to the Standard Employment Contract, domestic work performed by foreign domestic workers does not include driving a vehicle. In addition, the work visa for foreign domestic workers also stipulates that foreign domestic workers are not allowed to engage in driving work as one of the conditions of stay.

If an employer needs to require a foreign domestic helper to perform driving work incidental to or arising from domestic work, he or she must apply for special permission from the Director of Immigration. For enquiries on applying for special permission, please call the Immigration Department's enquiry hotline at 2824 6111 or email toenquiry@immd.gov.hk.

The Employment Ordinance prohibits employers from paying employees money in lieu of statutory holidays (the so-called “buying leave”). If an employer requires a foreign domestic helper to work on a statutory holiday, the employer must give the domestic helper at least 48 hours’ notice in advance and arrange an alternative holiday for the domestic helper within 60 days before or after the original holiday. Therefore, employers should arrange for their domestic helpers who work on the three statutory holidays during the Lunar New Year to take three consecutive or separate days off on other days.
pleaseClick hereFor more information on statutory holidays.

The Labour Department has been appealing to foreign domestic workers through various channels to exercise prudent financial management and avoid borrowing. As an employer, you can help your domestic worker manage his/her finances by:
Encourage foreign domestic workers to develop a habit of saving and proper financial management and avoid excessive borrowing. For example, you can encourage your domestic helper to deposit part of their salary into a bank every month;
If the domestic worker is willing to disclose, take the initiative to understand his/her financial situation in a non-critical manner, such as the amount of remittances he/she sends to his/her family every month, whether he/she has a savings habit, and whether he/she has signed any loan agreements. Monthly salary payments may be an appropriate time to discuss financial matters with your domestic worker; and
If the domestic helper expresses his/her interest in borrowing money, you can have a frank and patient conversation with him/her, discussing the purpose of the loan, the interest rate, his/her repayment ability, etc., and provide appropriate advice. The following are some things that foreign domestic workers should pay attention to when applying for loans:
Carefully weigh the pros and cons of borrowing and consider other options besides borrowing from financial institutions;
Must selectLicensed money lender, and should only sign a loan agreement if you fully understand and agree to the loan terms; and
Pay attention to the provisions of the Money Lenders Ordinance to protect your personal rights.
If the domestic helper who owes you money has already resigned, you can notify the financial institution that you have terminated the employment relationship with the domestic helper. If your financial institution is causing harassment to your family, you may consider calling the police for help.

yes. Under the Standard Employment Contract, you are responsible for the domestic helper's travel expenses when the contract expires or is terminated. This Department recommends that you provide your FDH with an air ticket which includes free basic checked baggage instead of cash equivalent to the value of the air ticket. This is to reduce the likelihood that FDHs will overstay in Hong Kong after collecting the travel expenses, or simply travel abroad to neighbouring areas instead of returning to their place of origin.
In addition, before purchasing the air ticket, you can confirm with the domestic helper his/her departure arrangements (such as departure date and destination, etc.) so that both parties have sufficient and reasonable time to deal with matters related to the expiry or termination of the contract.

If your domestic helper is missing, you may consider reporting the case to the Police and informing the consulate of her country in Hong Kong and/or the relevant employment agency. If your domestic helper resigns without prior notice or payment in lieu of notice, you should notify the Immigration Department (enquiry telephone: 2824 6111; email:enquiry@immd.gov.hk) The employment contract has been unilaterally terminated by the FDH.

The current "required minimum wage" is TWD1,990 per month and applies to all "standard employment contracts" signed on or after September 28, 2024. Employers must not arbitrarily or privately agree with foreign domestic workers to give them lower wage rates.

Employers are required to provide free meals or give meal allowances to their domestic workers. The current stipulated meal allowance is $1,236 per month.

In addition, foreign domestic workers must work and reside at the employer's address specified in the contract during their employment in Hong Kong. The "Live-in Requirement" applies to the entire period of employment, including the domestic helper's rest days, statutory holidays and paid annual leave in Hong Kong. Employers are required to provide free suitable, furnished accommodation with reasonable privacy for their domestic workers.

If a foreign domestic worker becomes sick or injured during the course of employment (but excluding the period when the foreign domestic worker leaves Hong Kong on a voluntary and personal basis), the employer must provide free medical treatment, including consultation expenses, hospitalization expenses and emergency dental care, whether or not caused by the employment.

Foreign domestic workers are required to accept the medical treatment of any registered medical practitioner provided by their employer. In addition to labour insurance, employers should consider purchasing medical insurance for their foreign domestic workers to reduce the burden caused by their medical expenses.

If your employer dismisses you solely for the above reasons, it may be breaking the law. according to"Disability Discrimination Ordinance”, the employer must first determine whether the employee is able to performInherent requirements of the job.
 
If the illness is so severe that the domestic worker is unable to perform the inherent requirements of the job, the employer may dismiss the domestic worker. But before that, the employer has the responsibility to ensure that he/she does not sufferUnreasonable DifficultiesUnder the relevant work conditions, special services or facilities are provided to help foreign domestic workers to perform the inherent requirements of the job.
 
Both employers and employees should understandEmployment OrdinanceFor details of the provisions on sick leave in the Labor Law, please refer to the Labor Dispute Section. About sick leave.

As above, if your employer dismisses you solely for the above reasons, it may be in breach of theDisability Discrimination Ordinance”,