Foreign domestic helpers - Stay outside and holiday injury

Can foreign domestic helpers stay outside overnight?
Do employers have no responsibility for foreign domestic helpers when they are on leave?

It's natural for someone to want to leave their workplace and take a break for a while, even if it's just going camping in the countryside to escape the busy city life. There was a Facebook discussion group for foreign domestic helpers, a prospective employer asked whether it would be acceptable if a helper stated a need to stay outside during their time off. At the same time, the helper's agency claimed that it was legal. Are these statements correct?

Arrangements for foreign domestic helpers staying overnight and regulations

Firstly, regarding the regulations for foreign domestic helpers taking leave, you can refer to another article we have about Understanding the regulations for foreign domestic helpers' holidays. As for staying overnight or accommodation arrangements, before 2003, it was indeed possible for the helpers to request staying outside, but after a government amendment in April 2003, to prevent helpers from being adversely affected by the high property and rental prices in Hong Kong, the Standard Employment Contract was amended to prohibit foreign domestic helpers from staying outside, and they must reside at the employer's address as stated in the contract.

Therefore, the claim made by the agency that foreign domestic helpers staying outside is legal is an incorrect statement. Even if the foreign domestic helper requests it before signing the contract and the employer agrees, such an agreement would still be illegal. If an employer is found allowing an helper to stay outside, they may face future rejections when applying for foreign domestic helpers to work in Hong Kong again. Additionally, because the Standard Employment Contract prohibits foreign domestic helpers from staying outside, if an employer privately allows it, both the employer and the helpers may be prosecuted for making false statements or declarations to the Immigration Department, with a maximum penalty of 14 years' imprisonment and a fine of HK$150,000.

There are records about The Immigration Department conducts random checks from time to time and has previously arrested foreign domestic helpers who did not reside at the employer's specified address as stated in the employment contract.(Related press release)

In 2016, a foreign domestic helper filed for a judicial review the arrangements for foreign domestic helpers staying outside, but unfortunately, the court ruled against it. Although an appeal was filed again, the Court of Appeal dismissed it in 2020. Until now, foreign domestic helpers staying outside is still illegal. For more details, you can refer to related news reports – Filipino foreign domestic helper lose bid to overturn ban on living outside employer's home. Even in 2021, another case where an foreign domestic helper requested to stay outside to take care of her daughter on holiday was similarly rejected by the court (related news).

Employers' responsibility for foreign domestic helpers injured during leave

In addition to the same post on the Facebook discussion group, a netizen pointed out that while foreign domestic helpers cannot stay outside, they also stated, "if the foreign domestic helper get injured during staying outside, the insurance will not cover It ". This statement is only half correct. If an employer only provides basic employee insurance(not comprehensive coverage plan) for the foreign domestic helper, it only covers medical expenses in case of injury or accident during work hours, so injuries sustained by foreign domestic helpers during leave are not covered. However, please note that as stated in the Standard Employment Contract, employers are required to bear all medical expenses for foreign domestic helpers during the period of employment. Therefore, even if a helper is injured during vacation, regardless of whether it occurs at the designated work address stated in the contract, the employer is still responsible for their medical expenses. Therefore, employers should purchase comprehensive coverage insurance plans that provide compensation for medical expenses during the employment period, regardless of whether the injury is work-related or not.

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