Question 1

What should I pay attention to before choosing to use the services provided by ZenCare Employment Resolve?

Accepted Answer

Before choosing to use ZenCare Employment Resolve (https://www.zencare-employment.com/en)services, we recommend that you first confirm whether we hold a valid license. Under the law, all employment agency must apply for a license from the Employment Agencies Administration of the Labour Department before operating any employment agency business. To ensure legitimacy and trust, you can use the search engine (https://www.eaa.labour.gov.hk/en/disclaimer-search.html)on the Employment Agencies Portal (https://www.eaa.labour.gov.hk/en/home.html)to check whether we hold a valid license. In addition, the Labour Department systematically publishes on its website records of employment agencies that have been convicted of crimes such as excessive commissions and unlicensed operations, as well as records of licenses revoked or refused renewal, and written warnings issued. This information can help you make a more informed decision.

ZenCare Employment Resolve (https://www.zencare-employment.com/en)is committed to providing transparent, high-quality services and complying with all regulatory requirements. If you have any questions or require further confirmation, you can always contact the Employment Agencies Administration (EAA) (https://www.eaa.labour.gov.hk/en/contact-us.html)of the Labour Department or submit an inquiry or complaint through the online form on the website of Foreign Domestic Helpers.(https://www1.eeas.labour.gov.hk/eeas/ps/fdh/en/note.xhtml) We hope to be your trusted partner in providing reliable and safe overseas domestic helper and worker importation services.

Question 2

Can the employer and employee enter into another employment contract?

Accepted Answer

Can't.

The Standard Employment Contract (ID 407) (https://www.fdh.labour.gov.hk/res/pdf/SEC_Eng.pdf)signed by both employer and employee is the only formal contract for hiring foreign domestic helpers in Hong Kong.

Question 3

Can foreign domestic helpers stay overnight in places other than those specified in the Standard Employment Contract?

Accepted Answer

Can't.

According to Clause 3 of the Standard Employment Contract, foreign domestic helpers (FDHs) must work and reside at the employer's residential address specified in the contract during their employment in Hong Kong. Employers are required to provide FDHs with suitable accommodation with reasonable privacy.

Examples of inappropriate accommodation arrangements include making the domestic helper sleep on a makeshift bed in the corridor with no private space, or sharing a room with adults/teens of the opposite sex.

Question 4

If a domestic helper damages the employer's belongings, can the employer deduct wages as compensation?

Accepted Answer

If a foreign domestic helper damages or loses the employer's goods, equipment or property due to negligence or default, the employer may deduct the value of the damage from the wages as compensation, but the amount per incident shall not exceed HK$300.

Furthermore, the total amount of wages deducted in these circumstances must not exceed one-quarter of the wages earned by the domestic helper in that pay period.

Question 5

How can an employer and employee terminate a Standard Employment Contract before its expiry?

Accepted Answer

Both the employer and the foreign 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 Article 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 contract's termination. The employer and the domestic helper must also provide the Director with a copy of the other party's written confirmation of the termination. Alternatively, they may complete the Immigration Department's " Notice of Termination of Employment Contract with a Foreign Domestic Helper (https://www.immd.gov.hk/pdforms/id407e.pdf)" (ID 407E).

Employers must pay any unpaid wages and contractual amounts to their FDHs. Payment should preferably be made by bank transfer so that a record of payment can be kept. It is unlawful for employers to fail to pay FDHs all statutory entitlements and amounts applicable upon termination of the contract as required by 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.

Question 6

Under what circumstances can an employer or a foreign domestic helper terminate a Standard Employment Contract without prior notice or payment in lieu of notice?

Accepted Answer

An employer may terminate a foreign domestic helper immediately without prior notice or payment in lieu of notice in the following circumstances.
1. Willfully disobeys an employer's lawful and reasonable order;
2. inappropriate behavior;
3. fraud, dishonesty; or
4. Habitual neglect of duties.
Summary dismissal is a serious disciplinary action and is only imposed when a domestic helper commits a very serious misconduct or fails to improve despite repeated warnings.

Foreign domestic helpers may also terminate their Standard Employment Contract immediately without prior notice or payment in lieu of notice under the following circumstances:
1. Reasonable fear of physical harm from violence or disease;
2. being mistreated by the employer; or
3. Has worked continuously for the employer for not less than 5 years and is certified by a registered medical practitioner or registered Chinese medicine practitioner as permanently unfit to hold the current job.

The law only allows for immediate termination of a contract in exceptional circumstances, and only with sufficient justification. Otherwise, the party may be subject to claims from the other party.

Question 7

What restrictions does an employer have on terminating a "standard employment contract"?

Accepted Answer

Employers may not terminate their domestic helpers under the following circumstances or for the following reasons:

• The domestic helper has confirmed her pregnancy and has notified her employer of the pregnancy;
 • Foreign domestic helpers are on paid sick leave;
 • The foreign domestic helper has given evidence or provided information to public officers conducting inquiries in legal proceedings relating to the enforcement of the Employment Ordinance or accidents arising from work;
 • The foreign domestic helper’s participation in a trade union or trade union activities; or
 • Before reaching an agreement on compensation for work-related injuries with the domestic helper, or before the relevant assessment certificate is issued.

If an employer dismisses a foreign domestic helper 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.

Question 8

When an employer terminates a foreign domestic helper's "Standard Employment Contract", what amount must the employer pay to the foreign domestic helper?

Accepted Answer

Foreign domestic helpers are protected under the same Employment Ordinance as local employees and are entitled to the rights and benefits set out in the Standard Employment Contract.

If an employer wishes to terminate an employment contract with a foreign domestic helper, they must give the foreign domestic helper one month's written notice or pay one month's wages in lieu of notice, as well as other amounts associated with the termination of the employment contract, which usually include:
 • Any unpaid wages;
 • wages in lieu of any untaken annual leave and the pro rata portion of annual leave pay for that leave year;
 • Severance pay or long service payment (if applicable); and
 • Other payments required to be made to the domestic helper under the Standard Employment Contract, such as travel expenses upon return to the place of origin, meals and transport allowances, etc.

Employers can refer to the Labour Department's sample receipts (https://www.fdh.labour.gov.hk/res/pdf/Sample_Receipt_for_Payments_upon_Termination_Expiry_of_Employment_Contract_Eng.pdf)to check the amount they need to pay when terminating a contract. Employers and foreign domestic helpers can also use Statutory Employment Entitlements Reference Calculator (https://www.lr.labour.gov.hk/web/en/calculator/index.html)to calculate the relevant amount.

Question 9

When an employer terminates a foreign domestic helper's "standard employment contract", how should the employer calculate the foreign domestic helper's annual leave pay?

Accepted Answer

Foreign domestic helpers (FDHs) are eligible for paid annual leave after they have worked for the same employer for 12 months. The amount of paid annual leave increases from 7 days to 14 days based on the FDH's years of employment.

Upon termination of a foreign domestic helper's contract, the employer must pay the foreign domestic helper annual leave pay in lieu of any unused annual leave. Furthermore, in each leave year (i.e., every 12-month period after the foreign domestic helper's commencement of employment), the foreign domestic helper is entitled to a pro rata portion of the annual leave pay if the helper has been employed for at least three months but less than 12 months. Click here (https://www.lr.labour.gov.hk/web/en/enquiry/interactive.html#eo-f)for more information on paid annual leave.

Question 10

When an employer terminates a foreign domestic helper's "standard employment contract", under what circumstances is the employer required to pay severance pay or long-term service payment?

Accepted Answer

If a domestic helper has worked for an employer for at least 24 consecutive months and is terminated due to redundancy or non-renewal of contract*, the employer is required to pay severance pay.

If a domestic helper has worked continuously for an employer for at least five years and is dismissed or has not had their contract renewed*, other than for serious misconduct or redundancy, the employer is required to pay a long service payment.

A domestic helper can only be entitled to either severance pay or long service payment at any one time. Please click here (https://www.lr.labour.gov.hk/web/en/enquiry/interactive.html#eo-m)for more information on severance pay and long service payment.

*Note: If the employer makes a written request to the FDH to renew the contract or re-employ the FDH under a new contract at least 7 days before the contract expiry date or the contract term, and the FDH unreasonably refuses the request, the FDH will not be entitled to severance pay or long service payment.

Question 11

How to calculate severance pay or long-term service payment for foreign domestic helpers?

Accepted Answer

Severance pay and long-term service payments are calculated as follows:

(Monthly salary × 2/3) × retrospective years of service*

* Note: Service period of less than one year will be calculated on a pro rata basis

Question 12

What channels are available for both employers and employees to make inquiries and seek assistance?

Accepted Answer

• For enquiries on the rights of both employers and employees and labour legislation, please call the Labour Department hotline at 2717 1771 (handled by "1823").

• For matters concerning the regulation of employment agencies, please call the Employment Agencies Administration of the Labour Department at 2115-3667 or submit an online form (https://www.eeas.labour.gov.hk/eeas/service/en/note)on the employment agency website.

• If an employment agency fails to fulfill any of the agreed terms or is suspected of violating the Trade Descriptions Ordinance, you may seek assistance from the Consumer Council (https://www.consumer.org.hk/en)(Tel: 2929-2222) or the Hong Kong Customs and Excise Department (https://www.customs.gov.hk/en/home/index.html)(Tel: 2815-7711).

• To report a work injury, please contact the Employees' Compensation Division (https://www.labour.gov.hk/eng/tele/ec.htm)of the Labour Department.

• Employers should not be involved in the financial affairs of their domestic helpers. Complaints against money lenders should be reported to the police.

• For more information on foreign domestic helper visas and other frequently asked questions regarding the employment of FDHs, please call the Immigration Department hotline at 2824-6111 or click here (https://www.immd.gov.hk/eng/faq/foreign-domestic-helpers.html)for more information. Forms related to the employment of FDHs can also be obtained here (https://www.immd.gov.hk/eng/forms/hk-visas/foreign-domestic-helpers.html).

Question 13

What rights and protections must employers provide to foreign domestic helpers?

Accepted Answer

Foreign domestic helpers (FDHs) enjoy the same employment rights and protections as local employees under the Employment Ordinance and the Employees' Compensation Ordinance. Furthermore, the government-mandated Standard Employment Contract provides further protection for FDHs:

• Mandatory Minimum Wage The current mandatory minimum wage is $4,990 per month and applies to all Standard Employment Contracts signed on or after September 28, 2024. Employers are prohibited from arbitrarily or privately agreeing with foreign domestic helpers to offer lower wages.

• Meals and Accommodation Employers are required to provide free meals or a meal allowance for their foreign domestic helpers (FDHs). The current monthly meal allowance is $1,236. Furthermore, FDHs must work and reside at the employer's residential address specified in the employment contract during their employment in Hong Kong. The "live-in requirement" applies throughout the employment period, including rest days, statutory holidays, and paid annual leave. Employers are required to provide FDHs with suitable, furnished accommodation with reasonable privacy free of charge.

• Medical Arrangements If a foreign domestic helper becomes ill or injured during the period of employment (but not during the period of absence from Hong Kong on their own accord and for personal reasons), the employer must provide free medical treatment, including medical expenses, hospitalization expenses, and emergency dental care, regardless of whether the injury is caused by the employment. Foreign domestic helpers must receive medical treatment from any registered physician provided by the employer. In addition to Labour Insurance, employers should consider purchasing medical insurance for their foreign domestic helpers to reduce the burden of their medical expenses.

Note: Completion or early termination of employment contract:
Upon completion/termination of the contract, the employer must provide the domestic helper with a free flight and travel expenses to return to their place of origin, and pay all wages and other amounts due under the Employment Ordinance. If the contract is not yet complete, either the employer or the domestic helper may terminate the contract by giving the other one month's written notice or paying the other one month's wages in lieu of notice.

Question 14

How to get along with foreign domestic helpers?

Accepted Answer

• After a foreign domestic helper arrives, employers should allow them ample time to adjust to their new life and family environment, taking into account their individual abilities. Employers should communicate regularly with their domestic helpers to ensure they understand the employer's work expectations and family needs. Employers can also proactively assess their adaptability to the new life and any difficulties they encounter at work, and consider whether adjustments to their work arrangements are necessary.

• Foreign domestic helpers come from different countries, and their cultural and religious backgrounds may differ from those of Hong Kong society. Employers should respect this. Responsible employment agencies will provide employers with detailed information about the domestic helper's background, allowing them to make appropriate arrangements for household chores and meals. For example, they will inquire whether a Muslim domestic helper is willing to handle pork, or whether a Buddhist domestic worker requires a completely vegetarian diet.

• Employers should provide adequate sleep and rest time for foreign domestic helpers. If foreign domestic helpers need to work at night, employers should provide them with adequate rest time during the day.

• Respecting the privacy of domestic helpers includes providing them with ample space for personal belongings and refraining from arbitrarily searching their belongings. Employers should also be mindful of whether their daily routines interfere with their helpers' personal space and avoid interfering with their rest time, such as going out for social gatherings on their days off.

Question 15

What can employers do if they encounter employment contract issues or claims?

Accepted Answer

Employers who encounter such problems and are unable to resolve them on their own may seek assistance from the Offices of Labour Relations Division.(https://www.labour.gov.hk/eng/tele/lr1.htm) The Labour Relations Division provides free consultation and mediation services (https://www.labour.gov.hk/common/public/pdf/lrd/ConciliationServiceLRD_eng.pdf)to help employers and foreign domestic helpers reach a mutually acceptable settlement.

If the parties still cannot reach a settlement, the Labour Relations Division will, at the request of the parties, refer them to the Minor Employment Claims Adjudication Board or the Labour Tribunal for arbitration depending on the amount claimed.

Question 16

Are employers required to purchase employees' compensation insurance for their foreign domestic helpers?

Accepted Answer

Yes.

Employers must purchase employees' compensation insurance (commonly known as "Labor Insurance") for their foreign domestic helpers to cover their legal (including common law) liabilities. Failure to do so constitutes an offence and, upon conviction, carries a maximum penalty of a fine of HK$100,000 and two years' imprisonment.

In addition, according to Clause 9(a) of the Standard Employment Contract, employers are required to provide free medical treatment to foreign domestic helpers during their employment in Hong Kong, including medical expenses, hospitalization expenses and emergency dental care.

To protect employers from losing budget due to medical expenses if their foreign domestic helpers (FDHs) become injured or ill, the Labour Department encourages employers to purchase comprehensive insurance for their foreign domestic helpers (FDHs), which covers both medical and labour insurance. The insurance market offers a variety of comprehensive insurance products for FDHs, and employers can choose the plan that best suits their needs.

Question 17

How should employers pay wages to domestic helpers?

Accepted Answer

Wages can be paid to foreign domestic helpers by cheque or bank transfer, or in cash upon their request. Employers should provide their foreign domestic helpers with a wage payment receipt and clearly explain the wage calculation method. The employer should also require the foreign domestic helper to sign the receipt to acknowledge receipt and keep it in a safe place.

Question 18

Can employers install CCTV in homes to monitor the performance of their foreign domestic helpers?

Accepted Answer

Some employers, concerned about home safety and the need to care for their families, install CCTV surveillance systems in their homes. If an employer decides to install a surveillance system, they should clearly and openly inform the domestic helper that a CCTV system is in place before the first surveillance session. Note that the surveillance system must not capture the domestic helper's activities in the toilet, bathroom, or private areas where they rest after work.

Employers should refer to the "Monitoring and Personal Data Privacy at Work: Points to Note for Employers of Domestic Helpers (Revised in October 2015)"(https://www.pcpd.org.hk/english/data_privacy_law/code_of_practices/files/points_to_note_15102015_e.pdf) published by the Office of the Privacy Commissioner for Personal Data for relevant guidelines. If monitoring activities are carried out without the knowledge of the domestic helper, the employer may violate the Personal Data (Privacy) Ordinance.

Question 19

What should my employer pay attention to when assigning my domestic helper to clean the exterior windows?

Accepted Answer

The Standard Employment Contract includes a clause regarding cleaning exterior windows to protect the occupational safety of domestic helpers. This clause stipulates that if an employer requires a domestic helper to clean the exterior side of a window, and the window is not located at ground level and adjacent to a balcony or veranda where the domestic helper can reasonably work safely, the following safety measures must be met before the domestic helper can clean the exterior 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
 • Except for the arms, no other part of the domestic helper's body is allowed to stick out of the window.

Question 20

Does the Government provide training courses for foreign domestic helpers on caring for the elderly or people with disabilities?

Accepted Answer

have.

To enhance the skills of migrant domestic helpers (FDHs) in caring for frail elderly people, the Social Welfare Department (SWD) has been implementing "Pilot Scheme on Training for Foreign Domestic Helpers in Elderly Care"(https://www.swd.gov.hk/en/pubsvc/elderly/cat_careersupp/psfdh/index.html) since 2018. In collaboration with District Elderly Centres under non-governmental organizations, free training is provided to FDHs across Hong Kong's 18 districts. Separately, the SWD will also launch the "Pilot Scheme on Training for Foreign Domestic Helpers (FDHs) in Care for Persons with Disabilities" starting in October 2023. The program will commission District Support Centres for Persons with Disabilities to provide free training to FDHs, enhancing their knowledge and skills in caring for persons with disabilities. Interested employers and FDHs can contact District Elderly Community Centre (https://www.swd.gov.hk/en/pubsvc/elderly/cat_commsupp/elderly_centres/)or District Support Centre for Persons with Disabilities (https://www.swd.gov.hk/en/pubsvc/rehab/cat_supportcom/centrebase/dsc/)implementing the pilot scheme directly to inquire about course dates and register.

Question 21

Can employers assign domestic helpers to perform driving duties?

Accepted Answer

According to the Standard Employment Contract, domestic work performed by foreign domestic helpers (FDH) does not include driving. Furthermore, the FDH's work visa stipulates that FDHs are prohibited from driving as a condition of their stay. If an employer requires a FDH to perform driving duties incidental to or arising from domestic work, they must apply for special permission from the Director of Immigration. For enquiries regarding special permission applications, please call the Immigration Department's enquiry hotline at 2824-6111 or email enquiry@immd.gov.hk (mailto:enquiry@immd.gov.hk).

Question 22

If an employer requires a domestic helper to work during the Lunar New Year holiday, can the employer provide additional pay in lieu of statutory holidays?

Accepted Answer

Can't.

The Employment Ordinance prohibits employers from offering employees a payment in lieu of statutory holidays (also known as "purchased leave"). If an employer requires a foreign domestic helper (FWH) to work on a statutory holiday, the employer must give the FWH at least 48 hours' notice and arrange for an alternative holiday within 60 days before or after the scheduled holiday. Therefore, employers should arrange for a FWH who works on the three statutory holidays during the Lunar New Year to take three consecutive or split days off on other days.

Please click here (https://www.lr.labour.gov.hk/web/en/enquiry/interactive.html#eo-e)for more information on statutory holidays.

Question 23

What should employers do if their domestic helpers are unable to repay their loans, causing them to face legal troubles from financial institutions?

Accepted Answer

The Labour Department has been urging foreign domestic helpers (FDHs) through various channels to manage their finances prudently and avoid taking out loans. Employers can help their FDHs manage their finances in the following ways:
 • Encourage your FDH to develop a habit of saving and manage their finances properly to avoid excessive borrowing. For example, you could encourage your FDH to deposit part of their monthly salary into a bank account;
 • If the FDH is willing to disclose, take the initiative to understand her/his financial situation in a non-judgmental manner, such as the amount she/he remits to her/his family each month, whether she/he has a savings habit, and whether she/he has signed any loan agreements. The monthly salary payment may be an appropriate time to discuss financial matters with the FDH; and
 • If your FDH expresses interest in a loan, you can speak to her/him openly and patiently, discussing the purpose of the loan, the interest rate, her/his repayment ability, etc., and provide appropriate advice. The following are some things your FDH should pay attention to when applying for a loan:
    • Carefully weigh the pros and cons of borrowing and consider alternatives to borrowing from financial institutions;
    • Always choose a licensed money lender and only sign a loan agreement if you fully understand and agree to the loan terms; and
    • Pay attention to the provisions of the Moneylenders Ordinance to protect your personal rights.

If the FDH who owes money has already resigned, the employer can notify the financial institution that the employment relationship with the FDH has been terminated. If the financial institution is causing disturbance to the employer's family, the employer may consider calling the police for assistance.

Employers may refer to the promotional leaflet "Employers Guide On Handling Foreign Domestic Helpers' Borrowing Issue"(https://www.fdh.labour.gov.hk/res/pdf/FSTB_Employers_Guide_Borrowing_Issue_CN_EN.pdf) published by the Financial Services and the Treasury Bureau.

Question 24

When the employment contract expires or is terminated, does the employer have to pay the domestic helper's repatriation expenses? Can cash be used instead of air tickets?

Accepted Answer

Yes.

Under the Standard Employment Contract, employers are responsible for the travel expenses of their migrant helpers (FDHs) returning to their place of origin upon expiry or termination of their contract. The Labour Department recommends that employers provide FDHs with an air ticket that includes free basic checked baggage, rather than cash equivalent to the air ticket value, to reduce the likelihood of FDHs overstaying in Hong Kong after receiving the travel expenses, or simply travelling abroad to neighbouring areas rather than returning to their place of origin.

In addition, before purchasing the air ticket, the employer can confirm with the FDH her/his departure arrangements (such as departure date and destination, etc.) so that both parties have sufficient and reasonable time to handle matters related to the expiry or termination of the contract.

Question 25

What should an employer do if a foreign domestic helper goes missing?

Accepted Answer

Employers may consider filing a police report and informing their home country's consulate in Hong Kong and/or relevant employment agencies. If a domestic helper resigns without prior notice or payment in lieu of notice, the employer should notify the Immigration Department (enquiry telephone: 2824 6111; email: enquiry@immd.gov.hk (mailto:enquiry@immd.gov.hk)) that the employment contract has been unilaterally terminated by the domestic helper.

Question 26

Can I bring my domestic helper on a trip to help take care of the elderly and children?

Accepted Answer

According to Immigration Department regulations, a domestic helper's stay permit is only binding while the helper is in Hong Kong. If, with the consent of both parties, the domestic helper travels abroad with the employer, both parties should ensure that the helper complies with the visa regulations, laws, and rules of the countries/regions they visit. Additionally, it should be noted that travel insurance may not cover medical expenses if the domestic helper is injured on the job during the trip.

Question 27

What are the responsibilities of a domestic helper? What should they be aware of while working?

Accepted Answer

Foreign domestic helpers are often assigned to perform various household chores, such as cooking, cleaning, and caring for children and the elderly. While seemingly simple, domestic work can potentially lead to numerous occupational health and safety issues, including muscle and bone strain from incorrect posture, electric shock from improper use of electrical appliances, and knife or burn injuries while working in the kitchen.

For more information, please refer to the "Be Prepared for Employment(https://www.fdh.labour.gov.hk/res/pdf/Employment_handbook_FDH_English.pdf)
in Hong Kong A Handbook for Foreign Domestic Helpers"(https://www.fdh.labour.gov.hk/res/pdf/Employment_handbook_FDH_English.pdf) published by the Labour Department.

Question 28

How can a domestic helper remit money to their home country?

Accepted Answer

Banks, remittance agencies, and e-wallets are all common remittance channels for foreign domestic helpers. Foreign domestic helpers can compare and choose the appropriate remittance service based on their needs, but they must choose a service provider with a valid license.

Foreign domestic helpers can check Online Licensee Register (https://eservices.customs.gov.hk/MSOS/common/onlinelicreg?request_locale=en)on the Hong Kong Customs and Excise Department website .

Question 29

What should be done if a foreign domestic helper suffers violence or abuse?

Accepted Answer

Foreign domestic helpers enjoy the same full legal protection as Hong Kong residents, including protection from physical and sexual abuse, such as common assault, rape, and indecent assault. In the event of an emergency or injury, they should immediately call 999 for assistance or report the incident to the police station.(https://www.police.gov.hk/ppp_en/contact_us.html)

Question 30

What should I do if my employer pays me less than what I should be paid?

Accepted Answer

If a foreign domestic helper receives less wages than the amount stated in the Standard Employment Contract, they should check with their employer to see if there is a miscalculation. Foreign domestic helpers should never sign to acknowledge receipt of any unpaid wages.

If an employer underpays wages without reasonable explanation, the domestic helper should immediately seek assistance from Offices of Labour Relations Division.(https://www.labour.gov.hk/eng/tele/lr1.htm)

Question 31

What should foreign domestic workers do if the meals provided by their employers are inadequate?

Accepted Answer

According to Article 5(b) of the Standard Employment Contract, employers are required to provide free meals to foreign domestic helpers. If employers do not provide free meals, they should provide foreign domestic helpers with the meal allowance specified in the Standard Employment Contract.

The Standard Employment Contract does not specify the types or quantities of food that employers are required to provide. If a foreign domestic helper considers the food provided to be inadequate or unsuitable, they should inform their employer of their dietary habits. The Labour Department encourages open communication between foreign domestic helper and employers to reach a mutually agreeable dietary arrangement.

Question 32

What should I do if my domestic helper becomes pregnant?

Accepted Answer

Pregnant migrant domestic helpers should attend regular antenatal checkups to ensure the health of both mother and baby. They can access information on antenatal checkup services provided by the Department of Health's Maternal and Child Health Centres and the Hospital Authority:
 • Maternal and Child Health Centres, Department of Health
 • Hospital Authority

If a migrant helper 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.

In case of unexpected pregnancy, you can seek consultation and counselling services from the Integrated Family Services (https://www.swd.gov.hk/en/pubsvc/family/cat_family/ifs/)of the Social Welfare Department (Tel: 2343-2255) or the Family Planning Association of Hong Kong (https://www.famplan.org.hk/en/health-info/unplanned-pregnancy)(Tel: 2572-2222).

Question 33

If the domestic helper is pregnant, can the employer assign her to clean windows?

Accepted Answer

Can't.

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

Question 34

What should foreign domestic helpers pay attention to when using employment services provided by employment agencies?

Accepted Answer

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 prescribed commission only after receiving your first month's salary, and ensure that the commission does not exceed 10% of your first month's salary;
 • Request a receipt from the employment agency after payment;
 • Keep the original copy of the "Standard Employment Contract"; and
 • Keep personal identification documents safe.

FDH should not:
 • to pay any expenses or charges other than the prescribed commission;
 • At the request of the employment agency, borrow money from the financial company to pay the employment agency; and
 • Sign any document, agreement or contract without understanding or being sure about it.

For more information, please visit Employment Agencies Portal.(https://www.eaa.labour.gov.hk/en/helpers.html)

Question 35

Can a foreign domestic helper apply to change employers in Hong Kong?

Accepted Answer

Generally speaking, foreign domestic helpers (FDHs) in Hong Kong should strive to complete their two-year employment contracts. If a FDH wishes to change employers, they must first return to their country of origin and reapply for a work visa from the Immigration Department.

In exceptional circumstances, such as when the original employer is unable to continue the contract due to transfer, emigration, death, or financial reasons, or when there is evidence of abuse or exploitation, a foreign domestic helper may apply to change employers in Hong Kong without having to return to their country of origin. If a foreign domestic helper is suspected of abusing the early termination of contract arrangement, their work visa application may be rejected, and the relevant record will be considered by the government in future work visa applications.

Question 36

Can a domestic helper stay in Hong Kong after the contract expires or is terminated?

Accepted Answer

Generally speaking, foreign domestic helpers are required to leave Hong Kong upon completion of their contract or within two weeks of termination of their contract, whichever is the earlier.

If a foreign domestic helper does not leave Hong Kong on or before the expiry of their stay, they will be guilty of a breach of their conditions of stay and will be liable to prosecution. Upon conviction, they may be fined up to HK$ 50,000 and imprisoned for up to two years. After serving their sentence, they will be deported. After being deported, they will no longer be allowed to work as a domestic helper in Hong Kong.

If you have any questions about the conditions of stay, please contact the Immigration Department (Tel: 2824-6111; Email: enquiry@immd.gov.hk (mailto:enquiry@immd.gov.hk)).

Question 37

How far in advance do Indonesian domestic helpers need to renew their contracts?

Accepted Answer

In Indonesia, domestic helper contract renewals generally require submitting an application to the Immigration Department within eight weeks of the current contract's expiration. Upon renewal, the domestic helper must return to their country of origin for at least seven days of leave, with the employer covering the costs. If the domestic helper is unable to return home immediately, an extension of stay can be applied for with the mutual consent of both parties, typically not exceeding one year. Renewal procedures include completing an application form, signing a new contract, and submitting relevant supporting documents to ensure a smooth renewal process.

In addition, Indonesian domestic helpers must have a contract certified by the Indonesian consulate before applying for a visa with the Immigration Department. Contract certification by the Indonesian consulate can be processed up to three months before the contract expires.

ZenCare Employment Resolve

正道為本以心為家

Labour Department

Employment Agency Licence: 80340

Contact Us

ZenCare Employment Resolve

正道為本 以心為家

Labour Department

Employment Agency Licence: 80340

Contact Us

正道為本以心為家