Minimum Wage, Meal Allowance, and Maternity Leave Arrangements for Foreign Domestic Helpers in Hong Kong

When hiring foreign domestic helpers(FDHs) in Hong Kong, employers are required to adhere to a series of regulations set by the government in the "Standard Employment Contract." Failure to comply with these requirements can result in fines or even imprisonment for employers. Therefore, prospective employers should pay close attention. This article will share information about the minimum wage, meal allowance, and maternity leave arrangements for foreign domestic helpers.

History of Minimum Wage for Foreign Domestic Helpers

Since 1973, Hong Kong's Employment Ordinance has set a minimum wage for FDHs, and this wage is periodically reviewed by the government. There have been instances of wage reduction in the past, such as during the 2003 outbreak of Severe Acute Respiratory Syndrome (SARS) and in 1999. In 2003, the minimum wage was reduced from HK$4,000 to HK$3,270 due to SARS, and in 1999, it was reduced by 5% (HK$190). It's important to note that employers who do not adhere to the minimum wage requirements for FDH could face fines of up to HK$350,000 and a prison sentence of up to 3 years.

Latest Minimum Wage and Meal Allowance Arrangements

The most recent review of FDH wages by the Hong Kong government was announced on September 30, 2022. After no increase in the minimum wage due to Covid-19 in 2021, the government announced that the "Statutory Minimum Wage" for FDHs in Hong Kong will be raised by 2.2%, from the current monthly rate of HK$4,630 to HK$4,730. The meal allowance will also increase from the current monthly rate of at least HK$1,173 to at least HK$1,196, an increase of HK$23. It will apply to all FDH contracts signed on or after October 1st 2022.

What is a Meal Allowance? Don't Foreign Domestic Helpers usually live with their employers and receive free meals and accommodations?

As stipulated in the Standard Employment Contract for hiring FDHs, employers are required to provide meals. If the helper lives with the employer, meals are usually provided for free. In other cases, employers can offer a meal allowance instead of providing free meals. This arrangement might be necessary due to the helper's cultural or dietary preferences, such as religious beliefs (not consuming pork) or dietary habits (vegetarianism).

It is recommended that employers discuss the need for meals and the specific arrangements with the helper during the interview or before finalizing the employment contract. If both parties agree on free meal arrangements, any special requirements from the helper should be considered. If opting for a meal allowance, the terms regarding dining out, cooking at home, and storage of food should be clearly stated. Similar to the minimum wage, the HK$1,196 meal allowance is a minimum requirement, and employers can offer more based on circumstances.

Pregnancy and Maternity Leave Arrangements for Foreign Domestic Helpers

According to the law, female foreign domestic helpers are entitled to maternity leave arrangements similar to those for Hong Kong female employees.

1.          Termination of employment due to pregnancy is prohibited, except in cases of grave misconduct unrelated to pregnancy. Wrongful termination due to pregnancy could result in legal violations and fines of up to HK$100,000.

2.          Pregnant foreign domestic helpers can give birth in Hong Kong.

3.          Employers are not responsible for any childbirth-related costs for pregnant helpers.

4.          Accommodation arrangements for pregnant helpers also cover the maternity leave period.

5.          If the helper has served the employer for less than 40 weeks, she is entitled to 10 weeks of unpaid maternity leave. The employer should be notified before the leave starts.

6.          If the helper has served the employer for over 40 weeks, she is entitled to 14 weeks of paid maternity leave. The employer should be notified before the leave starts.

7.          With employer consent, maternity leave can start 2 - 4 weeks before the expected delivery date, or 4 weeks before if not agreed upon.

8.          Paid maternity leave is calculated as 4/5 of the helper's average wages over the preceding 12 months.

9.          If the helper requires leave due to prenatal check-ups, postnatal treatments, or miscarriages, and has medical certification, it can be treated as sick leave.

10.      Under the amended Employment Ordinance of 1996, with medical certification, employers are required to prevent pregnant employees from handling heavy, hazardous, or harmful tasks.

11.      Failure to provide maternity leave, paid maternity leave, or sick leave could lead to legal violations and fines of up to HK$50,000 for employers.

Understanding the relevant laws related to hiring foreign domestic helpers not only safeguards employers but also fosters fair treatment and mutual respect, contributing to a harmonious employment relationship.

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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