Foreign domestic helper standard employment contract Q&A Vol. 3
Termination of Contract / Work Scope Limitations / Part-Time Work
Hong Kong employers hiring foreign domestic helpers must adhere to numerous regulations. If they do not thoroughly read the Standard Employment Contract and fail to comply with certain terms, both the employer and the helper might be violating the law. This Q&A aims to address common issues related to foreign domestic helper contracts, including arrangements after contract termination, work scope limitations with examples, part-time work, etc.
What are the arrangements after terminating a contract with a foreign domestic helper?
Ans:
1. Report to the Immigration Department: According to Clause 12 of the Standard Employment Contract, any reason for contract termination, including completion of contract, immediate dismissal, or termination initiated by the employer or the helper, must be reported in writing to the Immigration Department within seven days after the contract ends. The notification form can be downloaded from Immigration Department's website - https://www.immd.gov.hk/pdforms/id407e.pdf
2. Settle all contractual payments: This includes salary, payment in lieu of notice, annual leave pay, long service payment, severance pay, meal allowance, travel expenses, and other meal and transportation allowances.
3. Foreign Domestic Helper Insurance: Contact the insurance company immediately upon the helper's departure. If the insurance policy is still active, the insurance company can usually transfer the policy to cover the next helper.
Related Reading: Termination of Foreign Domestic Helper Contracts with Salary & Insurance Arrangements
What are the work scope limitations for foreign domestic helpers?
Ans: Foreign domestic helpers can only reside and perform household duties as specified for the employer and address listed in the Standard Employment Contract.
Clause 4(a): Helpers can only perform household duties for the employer specified in the contract. Employers must not require or allow the helper to perform duties outside of household chores.
Clause 4(b): Helpers must not be employed by any other person or perform any duties for others, including part-time domestic work. Employers must not require or allow helpers to work for any other person.
Besides grocery shopping, what other tasks can a foreign domestic helper perform outside the home?
Ans: Helpers can pick up children, wash the car, or assist in taking care of children or the elderly during meals out. These are considered within the scope of household duties.
Can a foreign domestic helper drive?
Ans: Driving is generally not included in the household duties of a foreign domestic helper as per the Standard Employment Contract. Regardless of the purpose or ownership of the vehicle, helpers are not permitted to drive. The work visa specifically states "not to engage in driving duties." Special permission from the Immigration Department is required if the helper needs to drive.
Can a foreign domestic helper take on part-time work?
Ans: Foreign domestic helpers cannot engage in any part-time work and can only serve the employer specified on their visa. Part-time work is considered a violation of the conditions of stay. Helpers found working part-time will be prosecuted and deported, and typically, they will not be granted a work visa to return to Hong Kong. Even if the employer offers additional compensation for work outside the contract, it is a violation of the Immigration Ordinance and can result in prosecution.
Related Reading: Foreign domestic helper accommodation and driving arrangement
Related product:
California Insurance's latest foreign domestic helper insurance offers the highest coverage in Hong Kong with up to HK$88,000 coverage for hospitalization and surgical expenses. It also provides “New Starter Benefit” that offers probationary protection and “Open Cover” policy reservations for up to 365 days. Learn more or apply now.
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
