Eligibiliy Criteria

Employers who wish to employ helpers have to satisfy the following criteria:

• The employer is a bona fide resident in the HKSAR.

• For every Helper to be employed, the employer must have a household income of no less than HK$15,000 per month or assets of comparable amount to support the employment of a Helper for the whole contractual period. The monthly household income figure of HK$15,000 may be adjusted by the Government of the Hong Kong Special Administrative Region (HKSAR) from time to time.

 

Documents to submit with Application of Foreign Domestic Helpers (FDHs)

• The Helper and the employer shall enter into a standard Employment Contract (ID 407) as specified by the Director of Immigration.

• Arrange with the Helper to complete the Visa/Extension of Stay Application Form for Domestic Helper from Abroad (ID 988A) 

• Complete the Application for Employment of Domestic Helper from Abroad (ID 988B)

• A copy of the Helper's travel document containing his/her personal particulars, its date of expiry, details of any re-entry visa to his/her place of origin held (if applicable);

• A copy of the Helper's Hong Kong Identity Card (if any).

• A copy of the employer's Hong Kong Permanent Identity Card/Hong Kong Identity Card

• If the employer is not a Hong Kong permanent resident, a person with right to land or on unconditional stay, please also make a copy of the travel document showing the employer's personal particulars and the latest landing endorsement / landing slip / extension of stay label.

• Evidence showing that the employer is financially capable of employing a Helper after his/her household expenditure has been deducted. Examples of such evidence are:

If the employer is an employee of a company

(i) Latest notice of assessment and demand for tax issued by the Inland Revenue Department; or

(ii) Bank passbook/statement showing auto-payment of the monthly salary for the last 3 months; or

(iii) Salary statements/slips issued by the employer's company for the last 3 months; or

(iv) Evidence showing that the employer is in control of substantial assets such as recent properties tax assessment, fixed deposits/bank savings statements for the last 6 months (with an aggregated amount of no less than HK$350,000), etc.

If the employer is self-employed or a company director

(i) Latest notice of assessment and demand for tax issued by the Inland Revenue Department; or

(ii) Company profit tax assessment return together with evidence to show the employer's connection with the company such as Certificate of Business Registration/Return of Share Allotment [Form 1(b)]; or

(iii) Bank reference letter showing banking facilities granted to the employer's company or evidence showing that the employer is in control of substantial assets such as recent properties tax assessment, fixed deposits/bank savings statements for the last 6 months (with an aggregated amount of no less than HK$350,000), etc.

• Proof of the employer's residential address as reported in the standard Employment Contract (ID 407), that is the latest demand for rates note or water/telephone/ electricity etc. utility bills within the last 3 months.

(i) If the contractual address refers to a flat in a housing estate run by the Housing Department/Hong Kong Housing Society:
(ii) If the documentary evidence is not in the employer's name, please provide additional proof to show the relationship, such as copy of birth certificate, marriage certificate, company's annual return, Return of Share Allotment [Form 1(b)], etc.

(iii) Letter of consent from the Housing Department/Hong Kong Housing Society, granting permission for the Helper to reside in the premises; and

(iv) Copies of page 1 to 4 of the tenancy agreement with the Housing Department/Hong Kong Housing Society showing the address and personal particulars of the family members.

• Testimonial of the Helper showing that he/she has at least two years' working experience as domestic helper. The testimonial must contain the name and address of the writer to facilitate verification.

• Undertaking of Employer (New requirement for FDH visa application during the epidemic situation) (Details).

 

Employer Liability

Employer's liability is enforced when helper's working visa is validated in Hong Kong. Employer should be aware of the following:

• Foreign Domestic Helper (FDH) Insurance - Employer is advised to provide the comprehensive protection against the legal liability as an employer under the Labour Ordinance and Employees' Compensation Ordinance. In addition to protection offered by labour legislations, FDHs enjoy additional protection, such as free medical care by employers, as set out in the standard employment contract. There are well-published and long-established channels to settle disputes between FDHs and their employers. These include Labour Department, the Labour Tribunal and the Minor Employment Claims Adjudication Board.

• Contract Period - 2-year fixed term contract, and starting from the arrival date in Hong Kong without any probationary period. The minimum monthly salary is $4,630, and no contractual double pay or discretionary bonus is required.

• Rest Day - FDH should have at least 1 rest day in every period of 7 days. Helper is entitled to statutory holiday pay if the helper has already been employed for 3 months preceding any of the statutory holidays. Helper is entitled to 7 days each for the first and second year of service, and starting from the third year, the number increases by 1 day per year up to a maximum of 14 days.

• Notification - Employer should inform Immigration Department (IMMD) if the helper has finished the 2-year contract and is termed within the contract period. Employer should provide return passage to helper from Hong Kong to his or her home country.

 

Take Up Other Employment

To protect employers as well as the job opportunities of local workers, FDHs are not allowed to take up any other employment including part-time work.

 

FDH's Wage

• The current minimum allowable wage (MAW) is $4,630 per month, and has been effective since September 28, 2019. The MAW is applicable to all standard employment contracts signed on or after September 28, 2019.

• Contracts signed on or before 27 September 2019 according to the then prevailing MAW of $4,520 per month will still be processed by the IMMD on such wage terms, provided that the applications reach IMMD on or before 25 October 2019. This serves to allow sufficient time for employers to send the contracts signed on or before 27 September 2019 to IMMD for processing.

• Employer should not deduct FDH's salary in any circumstances. Employer and FDH should agree the salary payment date. In general, salary should be cut off on the last date of the month, and should be paid within the 7 days after the salary cut off date.

 

FDH's Leave Arrangement

Employer should provide at least one rest day in every period of seven days, and should not compel the FDH to work on a rest day. All FDHs, irrespective of their length of services, are entitled to the following 12 statutory holidays in a year (The first day of January; Lunar New Year's Day; The second day of Lunar New Year; The third day of Lunar New Year; Ching Ming Festival; The first day of May; Tuen Ng Festival; The day following the Chinese Mid-Autumn Festival; Chung Yeung Festival; Chinese Winter Solstice Festival or Christmas Day; The first day of July; and The first day of October).

 

If statutory holiday is a rest day, employer should allow FDH to take the statutory holiday off after the rest day. FDH is entitled to paid annual leave if the FDH was employed for more than 12 months.

 

Termination prior contract expiry

According to the standard employment contract, an employer and FDH alike may terminate the contract prior to its expiry by giving not less than one month's notice in writing or by paying one month's wages in lieu of notice to the other party. An employer who fails to pay the statutory benefits and other payments due to the helper in accordance with the Employment Ordinance and the standard employment contract commits an offence.

 

Items of payment that employer is liable to pay to an FDH upon termination of the helper's employment contract

FDHs enjoy the same protection under Employment Ordinance as do local employees. They are further entitled to the rights and benefits specified in their standard employment contract. An employer who intends to terminate the employment contract of a FDH is required to give the helper one month's prior notice in writing or one month's wages in lieu of notice as well as other termination payments, which include -

• all outstanding wages;

• payment in lieu of any untaken annual leave, and any pro rata annual leave pay for the current leave year;

• payment in lieu of any untaken statutory holidays;

• where appropriate, long service payment or severance payment; and

• any other sum due to the helper in respect of the employment contract e.g. free return passage, food and travelling allowance.

 

Annual leave pay calculated when an employer terminates the contract of a helper

FDH is entitled to paid annual leave after serving every period of 12 months with the same employer. The entitlement to paid annual leave will increase progressively from seven days to 14 days according to the length of service. When the employment contract is terminated, the employer should give the helper payment in lieu of any annual leave not yet taken in respect of every 12 months' completed service. A helper with three but less than 12 months' service in a leave year (i.e. a period of every 12 months after the commencement of employment) is entitled to pro-rata annual leave pay.

 

The circumstances that an employer should pay severance payment or long service payment to the helper if contract is terminated

• An employer should pay severance payment to the helper if the helper has been employed continuously for not less than 24 months and is dismissed (or his/her contract is not renewed) by reason of redundancy.

• An employer should pay long service payment to the helper if the helper has been employed continuously for not less than 5 years and is dismissed (or his/her contract is not renewed) by reason other than serious misconduct of the helper or redundancy.

• However, an employer is not required to pay both long service payment and severance payment to the helper.

 

Calculation formula for severance payment or long service payment

(Monthly wages x 2/3) x reckonable years of services^

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Free passage

Employer is required to provide free passage to FDHs, including overseas hiring, local hiring, direct hiring, early termination of employment, and finished contract. In normal circumstances, employer has to pay two ways tickets to FDH (departing and arriving in HK). Also, employer should pay a daily food and travelling allowance of $100 per day from the date of his/her* departure from his/her* place of origin until  the date of his/her* arrival at Hong Kong if the travelling is by the most direct route. The same payment shall be made when the Helper returns to his/her* place of origin upon expiry or termination of contract.

 

Above information is for reference only. If you have any further questions, please feel free to contact us.

^ Service of an incomplete year should be calculated on a pro rata basis

* Delete where inappropriate.