Notes
CRITERIA OF APPLICATION
  • The employer is financially capable of employing a Helper. In general, for every Helper to be employed, the employer must have a household income of no less than HK$15,000 per month or asset of comparable amount to support the employment of a Helper for the whole contractual period ;
  • The Helper and the employer shall enter into a standard Employment Contract (ID 407) ;
  • The Helper shall only perform domestic duties for the employer as specified in the standard Employment Contract (ID 407) ;
  • The Helper shall not take up any employment with any other person during his/her stay in Hong Kong ;
  • The employer will pay the Helper a salary that is no less than the minimum allowable wage HK$4,630 as announced by the HKSAR Government. If no food is provided to the Helper, the agreed amount of food allowance should not be less than HK$1,173 per month ;
  • The Helper shall work and reside in the contractual address only ;
  • Employer shall provide a Helper with suitable accommodation and with reasonable privacy;
  • The bona fides of the employer and the Helper are not in doubt ;
  • There is no known record to the detriment of the employer and the Helper; and
  • Employer is a bona fide Hong Kong resident.

DOCUMENTS REQUIRED
  • Employer's HKID card copy;
  • Employer's financial proof copy
    • An Assessment Demand Note issued by Inland Revenue Department for the current or last fiscal year (Page 1 & 2), showing an annual income HK$180,000 or above; or
    • The last 3 months bank auto pay wage records; or
    • Letter of Employment from a company with the evidence of payroll for at least 3 months and the monthly salary should be HK$15,000 or above; or
    • An evidence within the past 6 months showing a saving or fixed deposit of HK$360,000 or above; or
  • A copy of the marriage certificate or a copy of the birth certificate
    (If the proof of financial income or proof of address is different from the name of the employer);
  • A copy proof of residence issued in the last 3 months (e.g. Bills for electricity, water, government rates, fixed telephone lines, cable TV);
  • Current/last the helper’s name and HKID card number, date of termination of contract and limitation of stay in Hong Kong.
EMPLOYMENT CONTRACT REQUIREMENT
  • The wage of a helper shall not be less than the minimum allowace wage HK$4,630 announced by the Government of the Hong Kong Special Administration Region. Employer shall provide food free of change. If no food is provided, a food allowance of HK$1,173;
  • The contract duration for domestic helper is two years and no trial period;
  • Employer shall provide free medical treatment and Labour insurance to a helper.

TERMINATION OF EMPLOYMENT CONTRACT
  • If an employer or a helper terminate the employment contract before it expires, either party may terminate the contract by giving 1 month’s notice in writing or 1 month’s wages in lieu of notice to the other party;
  • Under the labour ordinance, employers have to pay the outstanding wages, provide the return air-ticket and the traveling allowance to the helper upon termination of the employment contract;
  • This required to notify the Foreign Domestic Helpers Section of the Immigration Department in writing of the termination within 7 days of the date of termination. It is not necessary to inform the Labour Department.
REST DAYS
Employer shall provide a helper with not less than 1 rest day in every period of 7 days. A rest day is a continuous period of not less than 24 hours.
ANNUAL LEAVE
A helper is entitled to paid annual leave after having been employed for every 12 months with the same employer. The helper’s entitlement to paid annual leave increases progressively from 7 days to a maximum of 14 days according to the length of service as follows:

Year of Service Number of days of paid annual
leave for a leave year
1 7
2 7
3 8
4 9
5 10
6 11
7 12
8 13
9 or above 14
STATUTORY HOLIDAY
All foreign domestic helpers, irrespective of their length of services, are entitled to the following 13 statutory holidays in a year:

  • The first day of January;
  • Lunar New Year’s Day;
  • The second day of Lunar New Year;
  • The third day of Lunar New Year;
  • Ching Ming Festival;
  • Labour Day;
  • The Birthday of the Buddha;
  • Tuen Ng Festival;
  • Hong Kong Special Administrative Region Establishment Day;
  • The second day following the Chinese Mid-Autumn Festival;
  • National Day;
  • Chung Yeung Festival;
  • Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)
LONG SERVICE PAYMENT
An employer should pay long service payment to the helper if he/she has worked continuously for not less than 5 years, and :

  • is dismissed or the fixed term contract is not being renewed* by reason other than summary dismissal due to his/her serious misconduct or redundancy;
  • is certified by a registered medical practitioner or a registered Chinese medicine practitioner as being permanently unfit for the present job and he/she resigns;
  • aged 65 or above and he/she resigns on ground of old age; or
  • dies in service.

The following formula applies to the calculation of both severance payment and long service payment:
[(Last month wages x 2/3) x reckonable years of service]

*If not less than 7 days before the date of dismissal/expiry of the fixed term contract in case of severance payment, and not less than 7 days before the expiry of the fixed term contract in case of long service payment, the employer has offered in writing to renew the contract of employment or re-engage the helper under a new contract but the helper has unreasonably refused the offer, he/she is not eligible for the entitlements.
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