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.
- 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 DAYSEmployer 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 LEAVEA 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
|9 or above||14|
STATUTORY HOLIDAYAll 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 PAYMENTAn 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.