Can foreign domestic helpers be fined for misconduct?
Foreign domestic helpers are just like any other individuals, prone to making mistakes. Therefore, when a foreign domestic helper accidentally damages or breaks an item at home, it's essential to consider forgiveness rather than resorting to immediate blame, withholding wages, or imposing fines. If the decision is made to withhold wages as a form of warning, there are legal limits to adhere to. Below, we'll share relevant information and regulations regarding this matter.
1. Can wages be deducted for damaging the employer's property?
Answer: Yes, but with attention to the maximum limit.
2. What is the maximum deduction limit?
Answer: If a foreign domestic helper negligently causes damage or loss to any item, equipment, or property belonging to the employer, the employer can deduct wages as compensation based on the item's value. However, this deduction cannot exceed HK$300 per incident and must not exceed one-fourth of the helper's monthly wages. Based on the minimum wage for foreign domestic helpers in 2024, which is HK$4,870, one-fourth amounts to HK$1,217.5. Therefore, if a foreign domestic helper damages items exceeding HK$300 more than four times, the maximum deduction is HK$1,217.5., not HK$1,500 ($300 x 5).
3. Can deductions exceeding the monthly limit be carried over to the next month?
The Hong Kong Employment Ordinance does not explicitly state that all deductions must be settled within the same month. However, the term "deductions made from an employee in respect of any wage period" suggests that deductions should align with damages or losses occurring within the same "wage period." It is likely that the courts will interpret Section 32 of the Employment Ordinance in this manner.
4. What are other circumstances where deductions from a foreign domestic helper's wages are legally permissible?
Absence from work, but deductions can only be made for the actual absence time.
Advances or overpayments of wages to the foreign domestic helper, which can be deducted, but not exceeding one-fourth of the helper's earnings in that wage period.
Loans granted to the foreign domestic helper by the employer, with the helper's written consent required.
Deductions authorized by any legislation or statutory regulations.
Unless approved in writing by the Labour Department, the total amount deducted from wages for various reasons, apart from deductions for absence, shall not exceed half of the helper's earnings in that wage period.
5. What are the consequences of unlawfully deducting a helper's wages?
Employers who unlawfully deduct wages can be prosecuted. Upon conviction, they may face a maximum fine of HK$100,000 and imprisonment for up to one year.
If a foreign domestic helper frequently makes mistakes, it could be due to lack of experience or issues related to tools and personality. In any case, employers should approach conversations with helpers calmly and discuss ways to improve performance. If a helper has a clumsy nature or is older, considering insurance plans with higher coverage for hospitalization and surgery could alleviate the financial burden on employers in case of accidents.
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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use
