Restrictions on the scope of work of foreign domestic helpers

According to Hong Kong legislation, foreign domestic helpers(FDHs) are entitled to protection and rights under the "Employment Ordinance" and the "Employees' Compensation Ordinance," similar to local employees. Employers must also adhere to the terms of employment as stipulated in the only official employment contract for hiring FDHs, known as the "Standard Employment Contract," which established by the Hong Kong government. These documents cover various aspects related to FDHs, ranging from pre-employment matters such as employee insurance and paid leave to contract termination, including termination payments and travel expenses.

This article begins by discussing the scope of work for FDHs and shares the regulations that employers must comply with. Since FDHs need approval from the Immigration Department and the issuance of a work visa to work in Hong Kong, employers must also comply with the "Immigration Ordinance" and the conditions specified in the work visa. Employers must be aware of the content of these regulations, as failure to do so may result in charges for aiding or abetting FDHs in violating their visa conditions, leading to potential prosecution.

Regulations about the working location

Foreign domestic helpers are only allowed to reside and perform household duties at the employer's residence, as outlined in the "Standard Employment Contract."

Clause 4(a): The Helper should only perform domestic duties for the employer specified in the contract. The employer should not require or allow the Helper to carry out any non-domestic work.

Clause 4(b): The Helper should not take up any other employment, including part-time domestic duties, with any other person. The employer should not require or allow the Helper to carry out any work for any other person.

If employers instigate FDHs to violate the above-mentioned regulations, they may face criminal charges.

Responsibilities of Foreign Domestic Helpers

The household duties of FDHs need to be clearly defined in the "Standard Employment Contract" in the "Accommodation and Household Arrangements" section, such as childcare, eldercare, cooking, and other housework. If employers require FDHs to perform tasks not listed in the section, they could be charged with violating the regulations of the "Immigration Ordinance."

Part-Time Work for Foreign Domestic Helpers

FDHs are not allowed to engage in part-time work; they can only serve the employer specified on their employment visa. Employers hiring FDHs for part-time work would be in violation of the "Immigration Ordinance," which carries a maximum penalty of HKD 350,000 and a 3-year imprisonment. Moreover, FDHs risk being deported for violating visa conditions, and those sent back typically do not receive work visas to return to Hong Kong. Even if employers offer additional compensation and assign tasks outside the scope of the contract, it is still considered a violation of the "Immigration Ordinance" and may lead to prosecution.

Examples of Work Outside the Employer's Address

If the "Standard Employment Contract" specifies that FDHs can only perform household duties at the employer's address, does this mean FDHs can only work within the home? The following are common scenarios:

Scenario 1: Employer has more than one address and requests the FDH to work at another location.

Answer: Not allowed. Employers can only designate one address, and FDHs cannot be required to work at other locations.

Scenario 2: Family and friends gather at the employer's home, and the FDH is asked to prepare food.

Answer: Allowed. If the required tasks are clearly specified in the "Accommodation and Household Arrangements" section of the "Standard Employment Contract," it does not constitute a violation of the regulations.

Scenario 3: FDH is asked to go out to purchase groceries, pick up children, wash the car, or assist with child or eldercare while dining out.

Answer: Allowed. Providing services to the employer's household members at the same place of residence is considered a household duty.

Scenario 4: Long-term caregiving for the employer's parents in a nursing home.

Answer: Not allowed. Since housework is restricted to the employer's address as stipulated in the contract, if the primary place of work is a nursing home, it does not comply with the requirements for housework.

Scenario 5: Sending daily necessities and food to a co-residing family member in the hospital.

Answer: Allowed. This service is temporary in nature and does not require long-term work at the hospital, thus not violating the regulations.

Driving Regulations for Foreign Domestic Helpers

In general, FDHs under the "Standard Employment Contract" are not allowed to drive a vehicle, regardless of the purpose of the journey or whether the vehicle belongs to the employer. The work visa also explicitly states "not to engage in driving work." If a FDH needs to drive a vehicle, a special application must be made to the Immigration Department, typically only accepted for driving requirements related to household work, such as childcare, eldercare, cooking, and housework.

Foreign Domestic Helpers Working Outside Hong Kong

Not allowed. FDHs can only work at the employer's designated address as specified in the "Standard Employment Contract." Any employment outside of this address, regardless of whether it is voluntary or not, is considered illegal and may affect future approval for FDH services.

There is a wealth of information that employers of FDHs need to be aware of, and we will continue to share this information in subsequent articles.

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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