Foreign domestic helper standard employment contract Q&A Vol. 2

Minimum wage/Food allowance/Privacy/ Medical expenses/Buying holidays/Borrowing money

Although the "Standard Employment Contract" has specifies terms, many employers in Hong Kong often don't know which clause corresponds to what situation, so the most common posts in social media forums for foreign domestic helpers are scenario-based questions. In Vol 2, we includes information and scenario-based questions and answers on topics such as minimum wage, food allowance, privacy of foreign domestic helpers, medical expenses, buying holidays & borrowing money. Even though you might not have encountered them, it's good to understand them beforehand.

Question: What are the latest arrangements for minimum wage and meal allowance?

Ans: Starting from 30 September 2023, the minimum wage for foreign domestic helpers in Hong Kong is HK$4,870, and the meal allowance is HK$1,236. This latest regulation applies to all contracts signed on or after 30 September 2023.

Question: Can surveillance cameras be installed to monitor domestic helpers?

Ans: Technically, it's allowed, but the Labour Department has issued guidelines stating that it's not recommended to surveil foreign domestic helpers with cameras and suggests considering alternative methods to achieve the same goal with minimal intrusion and preserving the privacy of domestic helpers.

Related Article: Privacy of Foreign Domestic Helpers - Can Cameras be Installed for Monitoring (Part 1)

Question: Can I hire a domestic helper without going through an agent?

Ans: Yes, employers can download the "Standard Employment Contract" (ID 407) from the Immigration Department's website and sign the contract with the foreign domestic helper. However, employers need to bear in mind that they are responsible for the fees related to the documents required by the foreign domestic helper for work.

Question: If a domestic helper falls ill and needs to be hospitalized shortly after arrival, is the employer responsible for medical expenses?

Ans: Yes, according to the "Standard Employment Contract," employers are required to bear all medical expenses incurred by the domestic helper in Hong Kong.

Related Article: Foreign Domestic Helper falls seriously ill right after arrival! Is the employer required to take responsibility?

Question: Is it illegal for a foreign domestic helper to use the employer's documents to borrow money from financial companies without permission?

Ans: If an employer discovers that a foreign domestic helper has used or stolen documents without authorization to borrow money from financial companies, the employer can complain to the Privacy Commissioner's Office and may consider dismissing the domestic helper for misconduct.

Question: Can money be used to buy a foreign domestic helper's paid leave?

Ans: According to the Employment Ordinance, employers cannot substitute compensation for statutory holidays, meaning they cannot "buy holidays." Whether it's paid leave, paid annual leave, statutory holidays, or working on rest days, they are treated equally. If an employer requests a foreign domestic helper to change their holiday, they need to give at least 48 hours' notice and arrange another day off within 60 days from the original scheduled day off, which is considered "make-up leave." If a foreign domestic helper needs to work on consecutive statutory holidays, such as Christmas or Chinese New Year, the employer can arrange for the domestic helper to take consecutive or separate "make-up leave."

Related Article: Can I “buy” the paid holiday from the foreign domestic helpers?

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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