Foreign domestic helper standard employment contract Q&A Vol. 5

Vicarious Liability, Personal Responsibility of Helpers, Arrangements During Typhoon Days, and Warning Letters

When hiring a foreign domestic helper in Hong Kong, employers not only need to pay for the medical expenses of helper, but may also be held responsible for the helper’s act. Therefore, it is crucial for employers to understand what kind of protections foreign domestic helper insurance covers to avoid unexpected costs. This Q&A addresses issues regarding vicarious liability, personal responsibility of helpers, arrangements during typhoon days, and issuing warning letters.

Q: If a foreign domestic helper damages something while outside, is the employer liable?

A: It depends on the situation. If the damage occurs while the helper is performing tasks under the employer’s instructions, the employer may be liable due to “vicarious liability.” For example, if the helper is cleaning windows at home and a window falls and injures someone or damages property, the employer might be responsible since the helper was performing household duties. If the damage occurs while the helper is off duty or not following the employer’s instructions, the helper is likely personally responsible. In short, liability depends on the context of the helper's actions.

Q: Are there any insurance policies that cover the personal liability of foreign domestic helpers?

A: Not all labor insurance policies include personal liability coverage. It is advisable to choose a foreign domestic helper insurance policy that includes personal liability coverage to avoid potential out-of-pocket expenses for the employer. California Insurance offers a foreign domestic helper insurance policy with personal liability coverage up to HK$100,000 per year – Learn more here

Related Reading: Foreign domestic workers causing damage in public places: Is the employer responsible?

Q: If a typhoon occurs on the helper’s rest day, is the employer required to provide a replacement day off?

A: Employers can reschedule the rest day to a working day or allow the helper to rest at home without working. This arrangement should be discussed and agreed upon with the helper.

Q: What should be done if the helper insists on going out during a typhoon?

A: Employers cannot outright refuse the helper’s decision to go out, but they should inform the helper that any injuries sustained while going out during a typhoon may not be covered by insurance. While the standard employment contract requires employers to cover all medical expenses for the foreign domestic helper, injuries resulting from going out during a typhoon may trigger exclusions in the insurance policy, potentially leading to inadequate and slower medical treatment.

Related Reading: Understanding Foreign Domestic Helper Insurance: Work Arrangements During Typhoon and Insurance Commencement Day

Q: Can employers issue a Warning Letter to foreign domestic helpers?

A: Although the Standard Employment Contract and the Employment Ordinance do not specifically mention warning letters, employers can still issue them if deemed necessary. Key points to remember include:

• The warning must be in writing.

• The letter should clearly state the helper's issues.

• It should outline the consequences if the issues are not resolved.

• The content must be objective.

• The letter must be written in a language the helper understands.

• Both parties need to sign the letter, and copies should be kept.

Related Reading: Can employers issue a Warning Letter to foreign domestic helpers and even terminate their employment immediately?

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