Eligibility, visas and the Employment Ordinance

Any Hong Kong resident who can satisfy the following criteria may employ an FDH:

he/she is financially capable of employing an FDH;

he/she has entered into a Standard Employment Contract (ID407) as specified by the Director of Immigration with the prospective helper;

he/she will require the prospective helper to perform domestic duties only;

he/she will not allow or require the prospective helper to take up any employment with any other person during the contractual period as specified in the employment contract;

he/she will pay the helper a salary no less than the minimum allowable wage as announced by the HKSAR Government;

He/she will let the helper work and reside at the contractual address only;

He/she will provide the helper with decent accommodation and suitable privacy;

he/she is a bona fide resident in Hong Kong and the bona fides of him/her and the prospective helper are not in doubt;

he/she has no adverse record in respect of employment of FDH.

The Director of Immigration will assess the eligibility of the applications according to the criteria set out in the guidebook. Those deemed ineligible may request reconsideration via the channel specified in the written notification.

You must ensure that both the application forms for employing a domestic helper from abroad and for an entry visa are duly completed and are enclosed with all supporting documents, including a completed contract (notarized by the relevant consulate, if required). Applications without either of the two application forms or any necessary supporting documents will be returned, and no further action will be taken until all the application forms and necessary documents are resubmitted.

The Immigration Department's performance pledge for FDH applications is that 90% of the applications will be finalized within 6 weeks upon receipt of all necessary documents.

According to the Standard Employment Contract (ID407), an FDH should enjoy his/her home leave upon completion of his/her 2-year employment contract. If he/she wishes to continue to work as an FDH in Hong Kong, he/she should apply for an entry visa to enter Hong Kong to commence the new contract. Starting from 1 October 2003, all FDHs applying for renewal of contract will be granted a visa if their applications are approved. In case the employer can release him/her to take home leave, there is no need for the FDH to apply for extension of stay. An extension of stay is only required when the employer cannot make such an arrangement immediately.

If you or your household member is a disabled person with special needs, you may enclose relevant supporting documents with your application (please see A3 ) and state your situation in writing. The Immigration Department will deal with each case on its individual merits.

The Labour Department has issued a "Practical Guide for Employment of FDHs - What FDH and their Employers Should Know" (PDF format), covering answers to some of the common questions raised by FDHs and their employers and containing information such as wages, rest days and leaves, medical attention and sickness allowance, maternity protection, severance payment and long service payment, employment protection, termination of contract, passage and food and travelling allowance, etc. The Guide is available in Chinese, English, Indonesian, Tagalog, and Thai and is disseminated free of charge at the offices of the Labour Relations Division of the Labour Department.

As stated in Clause 8 of the Standard Employment Contract (ID407), an employer of FDH is responsible for the expenses incurred by the FDH for his/her departure from his/her place of origin and entry into Hong Kong, including medical examination fees, authentication fees by the relevant Consulate, visa fee, insurance fee, administration fee or other fees of similar nature imposed by the relevant government authorities. In the event that the FDH has paid the said fees, the employer should fully reimburse his/her FDH the amount so paid upon demand and production of the corresponding receipts or documentary evidence of payment.

Foreign domestic helpers enjoy the same protection under the Employment Ordinance (EO) as do local employees. They are further entitled to the rights and benefits specified in their standard employment contract. An employer who intends to terminate the employment contract of a helper is required to give the helper one month's prior notice in writing or one month's wages instead of notice, as well as other termination payments, which include -

all outstanding wages;

payment instead of any untaken annual leave, and any pro rata annual leave pay for the current leave year;

payment in lieu of any untaken statutory holidays;

where appropriate, long service payment or severance payment; and

any other sum due to the helper in respect of the employment contract e.g. free return passage, food and travelling allowance.

An FDH is admitted into Hong Kong for full-time, live-in employment with a specific employer to perform domestic duties at the employer's residence specified in the Standard Employment Contract (the Contract) (ID407). It is provided in Clause 4(a) of the Contract that an FDH should only perform domestic duties for the employer specified in the Contract. The employer should not require or allow the FDH to carry out any non-domestic work. It is also stated in Clause 4(b) that the FDH should not take up any other employment, including part-time domestic duties, with any other person. The employer should not require or allow the FDH to carry out any work for any other person. Clause 4(c) of the Contract stipulates that Clauses 4(a) and (b) will form part of the conditions of stay to be imposed on the FDH by the Immigration Department upon the FDH' s admission to work in Hong Kong. A breach of Clauses 4(a) and (b) will render the helper and/or any aider and abettor liable to criminal prosecution.

No. It is specified in Clause 3 of the Standard Employment Contract (ID407) that an FDH shall work and reside in the employer's residence at a specified address. It is also stated in Clause 4(a) that an FDH should only perform domestic duties as specified in the "Schedule of Accommodation and Domestic Duties" attached to the Contract. The employer's residence refers to a single household in one location and it is therefore not permissible to include a second address in the Contract. Please also see GR2 above.

Yes. Duties such as going to the market, car-washing, delivery of food or personal items to the employer or his family members (living in the same residence) outside the employer's dwelling place etc. are considered incidental to household chores. Please also see GR3 and GR4 above.

No. The FDH should only perform domestic duties for the employer's household at the address specified in Clause 3 of the Standard Employment Contract (ID407). Deploying an FDH to work in an elderly home cannot be regarded as genuine domestic duties and is therefore not permissible. Having said that, simple delivery of food or sundry items to a member of the same household who is temporarily hospitalised does not warrant intervention of the law enforcement agencies.

The conditions of stay in respect of an FDH apply only whilst the FDH is in Hong Kong. If the FDH follows the employer to go abroad for vacation on a mutual consent basis, the parties to the Contract are reminded to observe the relevant visa requirements, laws, and regulations of the destination country/territory. Particular attention should be drawn to the insurance arrangements.

No. An FDH is admitted into Hong Kong for employment with a specific employer under a Standard Employment Contract (ID407). He/She is not employable by other employers without prior permission of the Director of Immigration. You may consider employing a local domestic helper while your FDH is on leave. The Labour Department Local Domestic Helper Recruitment Hotline is 2503 3377. Hotline for "Smart Living" administered by the Employees Retraining Board is 182 182.

No. An FDH is permitted to work with the contractual employer as approved by the Director of Immigration. If your FDH takes up unapproved employment with any other person, he/she will breach the condition of stay imposed on him/her. He/She will be liable to prosecution and subsequent removal, and his/her future employment application will be subject to close scrutiny. Any person who aids and abets an FDH to breach a condition of stay is also liable to prosecution. Upon conviction, the maximum penalty will be a fine of $50,000 and imprisonment for 2 years.

FDHs are admitted into Hong Kong for full-time, live-in employment with a specific employer under a Standard Employment Contract (ID407), the terms and conditions of which are enforceable in Hong Kong and governed by the Laws of Hong Kong, in particular, the Employment Ordinance (Cap. 57), the Immigration Ordinance (Cap. 115) and the Employees' Compensation Ordinance (Cap. 282). The request for amendment of the contractual address cannot be acceded to in the event that the employer has been relocated outside Hong Kong. If you want to keep the FDH to work for your parent, arrangements should be made for a new contract to be signed between your parent and the FDH, and an application should be made to the Immigration Department for a change of employer.

In the event of a temporary arrangement, it is important that you reach a mutual agreement with your FDH as to whether he/she would agree to accompany you to go abroad or remain in your contractual address to take care of your residence/household whilst you are not in Hong Kong.

Clause 3 of the Standard Employment Contract (ID407) stipulates that an FDH shall work and reside in the employer's residence specified in the contract. In general, the Immigration Department may consider accepting the financial proof provided by the employer's child in support of the application for employing an FDH made by an aged parent. In the event that the parent is not capable of acting as an employer due to health or other justifiable reasons, his/her child should state clearly the special circumstances and produce relevant supporting documents. Each case will be dealt with on its individual merits.

In general, it is permissible for your FDH to visit your mother in the hospital, bringing daily necessities to her as required. However, the FDH has no contractual obligation to take care of the sick at a hospital on a long-term basis. The employer may also be personally liable to pay employees' compensation or common law damages in case the FDH gets injured whilst performing such extra duties at the hospital, in which case the standard insurance policy may not apply.

No. If the employer has moved to a new address, he/she should inform the Immigration Department of such a change in accordance with Clauses 15(b) & (c) of the contract. The employer should not require or allow the FDH to perform domestic work at any address other than the contractual address, even if the premises may be the property of the same employer. Offenders will be liable to criminal prosecution and, on conviction, to a fine of $50,000 and to imprisonment for 2 years. Any aider and abettor will be liable to the same punishment.

There is no objection for an FDH, as part of her duties incidental to the domestic duties specified in the Standard Employment Contract (ID407), to serve guests who are relatives or friends of the employer at the contractual address.

In general, an FDH is not contractually obligated to perform massage service for the employer, as such service is generally not regarded as domestic duties. However, it is permissible for FDHs to help handicapped or paralyzed parent of the employer to perform regular movements of their limbs as part of the domestic duties of taking care of a household member.

It is advisable for the FDH to discuss with the employer with a view to reaching a mutual understanding on the types of household duties she may perform during pregnancy. Please see GR6. If needed, the FDH may also approach the Labour Department for advice on matters relating to the Employment Ordinance (Cap. 57).

No. An FDH should work and reside in the employer's residence in accordance with Clause 3 of the Standard Employment Contract (ID407). The employer is required to provide the FDH with free accommodation as per the standard specified in the "Schedule of Accommodation and Domestic Duties" of the employment contract.

(Employers who have obtained the Director of Immigration's approval before 1 April 2003 to let their FDHs live out can continue to do so, so long as they continue to employ FDHs without a break of more than 6 months.)

No. It is an offence under the Immigration Ordinance (Cap. 115) for an FDH to take up any employment with any person other than the employer named in his/her visa. The FDH will be liable to prosecution and removal for breaching the conditions of stay. Upon conviction, the maximum penalty is a fine of $50,000 and imprisonment for 2 years. If the FDH is removed, his/her future application to work in Hong Kong will be subject to scrutiny.

As far as the duties are incidental to and genuinely associated with the household chores and duties specified in Item 5 of the Schedule of Accommodation and Domestic Duties attached to the Standard Employment Contract (ID407), there is no breach of the law.

The contract with the deceased employer is no longer valid on the date of his/her death. The FDH is required to give the Director of Immigration notice in writing within seven days of the date of termination and to leave Hong Kong within two weeks. If the FDH would like to work for the employer's spouse or family members, he/she has to submit an application for change of employment sponsored by the spouse or a family member within two weeks from the date of such termination. The Immigration Department will process these applications expeditiously.

An employer should not require or allow the FDH to work for any other person, and the FDH has no contractual obligation to follow an instruction to help a neighbour. However, given the said circumstances and the nature of the said assistance, if offered out of the volition and goodwill of the FDH to a neighbour, it does not warrant intervention of the law enforcement agencies.

Under the Standard Employment Contract (ID407), domestic duties to be performed by an FDH exclude driving a motor vehicle. Moreover, the visa granted to an FDH to take up employment in Hong Kong is subject to the condition of stay that performing driving duties is not permitted. To address the genuine needs of some employers, a special arrangement is made to allow FDHs to perform driving duties that are incidental to and arising from domestic duties. An application may be made to the Director of Immigration for special permission to be granted to the FDH to perform driving duties.

No. Special permission for an FDH to perform driving duties is given on the basis that the driving duties are incidental to and arising from any of the five broad categories of domestic duties, namely household chores, cooking, babysitting, child-minding, and looking after aged persons in the household.

No. The situation described above falls outside the scope of the domestic duties mentioned.

No. An FDH must be in possession of a valid Hong Kong driving licence at the time of application for special permission to perform driving duties.

Applications for special permission for performing driving duties may be submitted together with an FDH’s fresh entry visa application to the Receipt and Despatch Sub-unit of the Immigration Department. The same applies to applications submitted together with applications for renewal of contract or change of employment of FDHs, which should be made to the Foreign Domestic Helpers Section of the Department.

If the address on the Standard Employment Contract (ID407) is changed, you should notify the Immigration Department by giving the new address in the duly completed form "Revised Schedule of Accommodation and Domestic Duties" (ID407G). Where the new address refers to a flat in a housing estate run by the Housing Department/Hong Kong Housing Society, the employer is required to produce a letter of consent from the respective authority granting permission for the FDH to reside in the premises and a copy of the tenancy agreement. Employers can submit the ID407G form online via GovHK at https://www.gov.hk/en/residents/immigration/nonpermanent/id407g.htm.

Under Clause 3 of the Standard Employment Contract (ID407), an FDH shall work and reside in the employer's residence stated in the contract. Request for the FDH to live out will not be granted as from 1 April 2003 onwards. In case of special circumstances, it will be dealt with on individual merits. Please refer to A41 in case of change of address.

Assisting the employer to move to a new premise can be regarded as a domestic duty, provided that the transitional period is reasonably short. However, the change of contractual address should be properly registered with the Immigration Department.

Yes. Clause 12 of the Standard Employment Contract (ID407) states that in the event of termination of the contract, both the employer and the FDH shall give the Director of Immigration notice in writing within seven days of the date of termination. A copy of the other party's written acknowledgement of the termination shall also be forwarded to the Director of Immigration. It is essential to state the exact date of termination, and information such as the reason for termination will be useful.

No. You should not agree to that. An FDH is permitted to remain in Hong Kong for not more than two weeks after premature termination of the contract. If an FDH does not leave upon the expiry of their stay, he/she will commit an offence for breaching his/her condition of stay. If you agree not to inform the Director of Immigration of the premature termination of the employment contract to facilitate her overstaying in Hong Kong, you may be liable to prosecution for aiding and abetting the FDH to breach a condition of stay by overstaying, and on conviction to a fine of $50,000 and to imprisonment for 2 years

An employer and his helper alike may terminate the contract before its expiry by giving not less than one month's notice in writing or by paying one month's wages to the other party.

An employer who fails to pay the statutory benefits and other payments due to the helper in accordance with the EO and the standard employment contract commits an offence.

A helper is entitled to paid annual leave after serving for every period of 12 months with the same employer. The helper's entitlement to paid annual leave will increase progressively from seven days to 14 days according to his/her length of service.

When the employment contract is terminated, the employer should give the helper payment in lieu of any annual leave not yet taken in respect of every 12 months' completed service. A helper with three but less than 12 months' service in a leave year (i.e., a period of every 12 months after the commencement of employment) is entitled to pro-rata annual leave pay.

An employer should pay severance payment to their helper if the helper has been employed continuously for not less than 24 months and is dismissed (or his/her contract is not renewed) by reason of redundancy.

An employer should pay long service payment to their helper if the helper has been employed continuously for not less than 5 years and is dismissed (or his/her contract is not renewed) by reason other than serious misconduct of the helper or redundancy.

However, an employer is not required to pay both long service payment and severance payment to the helper.

Severance payment and long service payment are calculated as follows : (monthly wages x 2/3) x reckonable years of services*

* Service of an incomplete year should be calculated on a pro rata basis.

The Labour Relations Division of the Labour Department provides consultation services to assist employers and helpers in understanding the various employment entitlements. The division also provides a free conciliation service to resolve claims under the EO or the employment contract. If conciliation is not successful, the Labour Department will, at the request of the party concerned and depending on the claimed amount, refer the case to the Minor Employment Claims Adjudication Board or the Labour Tribunal for adjudication. Information on the EO can be obtained through the Labour Department website (https://www.info.gov.hk/labour) and Telephone Enquiry Service (2717 1771).

The SECOND PART of this chapter briefly explains The Rights And Obligations Of Foreign Domestic Helpers and Their Employers, and answers some frequently asked questions from both parties. Foreign domestic helpers also enjoy the benefits and protections granted under the Employment Ordinance. The Employment Ordinance is the sole basis for the provisions explained in this chapter, and the courts are the authority to interpret the law.

Section 1: Matters for Employers’ Attention Before Employment

*A:* The basic rights and responsibilities of FDHs and their employers are set out in the "Standard Employment Contract" (ID 407) for hiring FDHs (Appendix I). In addition, all provisions of the Employment Ordinance apply to both employers and helpers.

*A:*

Both the helper and the employer must make a commitment to the HKSAR Government in Part 6 of the "Application for Visa/Extension of Stay as Domestic Helper from Outside Hong Kong" (ID 988A) and the "Application for Employment of Domestic Helper from Outside Hong Kong" (ID 988B) to strictly comply with the conditions of stay, wage level, live-in requirement, and accommodation standards.

Helpers who violate the undertaking may be refused permission to work in Hong Kong again; employers who violate the undertaking may have future applications to employ FDHs refused.

Do not easily accept persuasion from others to provide false information on application forms or the "Standard Employment Contract," or use conspiracy and deception to hire FDHs at wages lower than those specified in the contract. There have been cases where employers falsely reported helpers' wages to the Immigration Department and were subsequently sentenced to immediate imprisonment for 4 months and ordered to pay the outstanding wages. Employers must pay helpers according to the wage stated in the "Standard Employment Contract." Violators will be prosecuted; do not test the law.

Furthermore, if employers or helpers violate the provisions of the Employment Ordinance or the Immigration Ordinance, they may be prosecuted.

*A:*

* Employers must pay the helper a food and transport allowance of HK$100 per day for the journey to Hong Kong, as stipulated in the "Standard Employment Contract." Employers must also reimburse the helper for the costs of processing necessary documents.

* Employers should explain the helper’s duties. These duties must be the household duties specified in the appendix "Accommodation and Duties" of the employment contract. Employers must specify the date for wage payment.

* Employers must designate rest days for the helper.

* Employers must agree with the helper whether meals will be provided during employment. If meals are provided, they must be free of charge. If you do not intend to provide meals, you must pay the helper a food allowance monthly as specified in the "Standard Employment Contract."

* Employers must purchase Employees’ Compensation Insurance for the helper in accordance with the Employees’ Compensation Ordinance. Failure to do so is an offense, liable upon conviction to a maximum fine of HK$100,000 and imprisonment for 2 years. Additionally, under the "Standard Employment Contract," employers must provide free medical treatment to the helper. Employers may consider purchasing comprehensive insurance for FDHs that covers both medical expenses and labor insurance to cover relevant costs when needed. Please refer to Chapter 5.

*A:* No. The "Standard Employment Contract" (ID 407) for hiring FDHs is the only formal employment contract for all FDHs in Hong Kong. Any other employment contract privately entered into by the employer and the helper is unenforceable in Hong Kong.

*A:* No. If an employer assigns a helper to work for anyone other than the employer specified on the visa, or assigns the helper to perform duties other than household duties, it constitutes a violation of the Immigration Ordinance and may lead to prosecution.

*A:*

Helpers should also ask the employer to explain their duties and understand the employer’s requirements. Helpers should perform the household duties specified in the appendix "Accommodation and Duties" of the employment contract.

Helpers should keep their personal identity documents (such as ID cards, passports, etc.) in their own possession. No person, including the helper’s employer or staff of employment agencies, should keep these documents without the helper’s permission.

*A:* No. Helpers must work and reside at the employer’s residence as required by Clause 3 of the "Standard Employment Contract." Employers must provide free accommodation to the helper in accordance with the standards specified in the appendix "Accommodation and Duties" of the employment contract.

*A:* No. Under the Immigration Ordinance, it is illegal for helpers to be employed by anyone other than the employer specified on the visa. You may be prosecuted and deported for violating conditions of stay. If a helper is deported for this reason, they will generally not be permitted to return to Hong Kong to work as a helper.

*A:* The helper may report the matter to the Investigation Division of the Immigration Department.

Section 2: Payment and Deduction of Wages

*A:* Employers cannot agree with helpers to pay wages lower than the prescribed minimum allowable wage. When approving applications for importing FDHs, the Director of Immigration makes decisions based on information submitted by the employer, including the employer’s agreement to pay wages not less than the prescribed minimum allowable wage. If an employer intentionally and without reasonable excuse fails to pay wages in accordance with the "Standard Employment Contract," they may be prosecuted. Upon conviction, they are liable to a maximum fine of HK$350,000 and imprisonment for 3 years. At the same time, the employer commits serious offenses such as making false statements to Immigration Department officers and conspiracy to defraud. It is an offense for any person to make false statements to Immigration Department officers. Upon conviction, they are liable to a maximum fine of HK$150,000 and imprisonment for 14 years.

*A:*

It is preferable for employers to pay wages by cheque or automatic transfer. However, employers may only use these methods with the helper’s consent. Otherwise, employers must pay wages in cash.

Employers should keep records of wage payments, such as relevant bank statements. Employers should also prepare receipts for wages and food allowances and request the helper to sign to confirm receipt of the payments.

*A:*

Employers must pay wages to helpers at least once a month. Wages become due at the end of the last day of the wage period. Employers must pay all wages to helpers as soon as possible, and in no case later than 7 days after the expiry of the wage period.

If an employer wishes to change the wage period and payday, they should notify the helper in advance and settle all outstanding wages.

Example: The helper starts work on March 1. If you wish to change the wage period to start from the 16th of each month, you should pay the helper for the 15 days earned prior to this change (i.e., wages for March 1–15) within 7 days after March 15, and then pay on the new payday in April.

*A:*

If goods, equipment, or property of the employer are damaged or lost due to the helper’s negligence or default, the employer may deduct wages as compensation based on value, limited to no more than HK$300 per incident. Furthermore, the total amount deducted in these circumstances shall not exceed one-quarter of the wages earned by the helper in that wage period.

Employers may also deduct wages in the following circumstances:

Absence from work: Only wages for the actual period of absence may be deducted.

Advances or overpayments of wages: May be deducted proportionally, but not exceeding one-quarter of the wages earned in that wage period.

Loans to the helper: Must have the helper’s written consent.

Deductions authorized or required by any legislation.

Unless written approval is obtained from the Commissioner for Labour, the total amount of deductions (excluding deductions for absence) shall not exceed half of the wages earned by the helper in that wage period.

*A:*

If an employer intentionally and without reasonable excuse fails to pay wages within 7 days after the expiry of the wage period, he/she:

* Must pay interest on the arrears to the helper; and

* May be prosecuted. Upon conviction, liable to a maximum fine of HK$350,000 and imprisonment for 3 years.

If a helper has not received wages within one month after they became due, the employment contract may be deemed terminated by the employer without notice. In this case, the employer must pay the helper payment in lieu of notice and other termination payments.

Section 3: Rest Days, Statutory Holidays, Paid Annual Leave, and Other Leaves

*A:*

Under the Employment Ordinance, FDHs are entitled to the following holidays: Rest Days, Statutory Holidays, and Paid Annual Leave.

Under the "Standard Employment Contract," if the employer and helper renew the contract, the helper must return to their place of origin for a holiday of not less than 7 days (paid or unpaid) before the new contract takes effect (unless prior approval for extension of stay in Hong Kong is obtained from the Director of Immigration), with expenses borne by the employer. Employers should properly keep records of holidays and wages to avoid future disputes.

*A:* Employers must grant helpers at least one rest day in every period of 7 days. A rest day is a continuous period of not less than 24 hours. Rest days should be designated by you and can be fixed or non-fixed. If rest days are non-fixed, the employer must notify the helper of the dates of rest days for the month before the beginning of each month.

*A:*

No. Unless an unforeseen emergency occurs, employers cannot require helpers to work on rest days. If an employer forces a helper to work on a rest day, it constitutes a violation of the Employment Ordinance and may lead to prosecution. Upon conviction, liable to a maximum fine of HK$50,000.

However, if the helper agrees, the employer may arrange an alternative rest day to replace the originally designated one. The alternative rest day must be arranged within the same month, either before the original rest day or within 30 days after the original rest day.

*A:* Employers should not force helpers to work on rest days. However, helpers may voluntarily work on rest days.

*A:* All FDHs, regardless of length of service, are entitled to the following statutory holidays:

* January 1

* The first day of the Lunar New Year

* The second day of the Lunar New Year

* The third day of the Lunar New Year

* Ching Ming Festival

* Easter Monday (Added from 2026)

* Labour Day (May 1)

* Buddha’s Birthday (Added from 2022)

* Tuen Ng Festival

* Hong Kong Special Administrative Region Establishment Day (July 1)

* The day following the Chinese Mid-Autumn Festival

* National Day (October 1)

* Chung Yeung Festival

* Winter Solstice or Christmas Day (chosen by the employer)

* The first Sunday after Christmas Day (Added from 2024)

Statutory Holidays added from 2028 onwards are listed below:

* Good Friday (from 2028)

* The day following Good Friday (from 2030)

Helpers are entitled to holiday pay if they have been employed continuously for not less than 3 months immediately preceding the statutory holiday.

*A:* Yes. However, the employer must:

Give the helper at least 48 hours’ prior notice; and

Arrange an alternative holiday for the helper within 60 days before or after the original holiday.

*A:* No. Employers cannot substitute statutory holidays with monetary payments.

*A:* Yes. If a statutory holiday falls on the helper’s rest day, the employer must grant a compensatory holiday on the day following the rest day. This subsequent day must not be a statutory holiday, an alternative/substitute holiday, or a rest day.

*A:* Helpers are entitled to paid annual leave after every 12 months of service with the same employer. The number of annual leave days increases from 7 days to a maximum of 14 days based on the helper’s length of service.

Example: If a helper is in the second 2-year contract term and completes 4 years of service, they are entitled to 9 days of annual leave.

*A:* After completing 12 months of employment, the helper must take their entitled paid annual leave within the subsequent 12 months. The dates for annual leave should be designated by mutual agreement between the employer and the helper. The employer must notify the helper of the annual leave dates in writing at least 14 days before the leave begins.

*A:* No. If a rest day or statutory holiday falls within the annual leave period, that day shall be treated as annual leave. The employer must arrange alternative rest days or statutory holidays for the helper.

*A:* According to Clause 13 of the "Standard Employment Contract," if the employer and helper agree to renew the current contract upon its expiry, the helper must return to their place of origin for a holiday of not less than 7 days before the new contract begins. Whether this holiday is paid or unpaid depends on the terms agreed upon in the contract signed by both parties.

*A:* Arrangements for unpaid leave must be agreed upon by both parties. Employers cannot unilaterally force helpers to take unpaid leave.

*A:* Upon termination of the employment contract, the employer must pay the helper wages in lieu of any accrued but untaken annual leave for every completed 12 months of service. Additionally, within a leave year (i.e., each 12-month period starting from the commencement of employment), if the helper has been employed for at least 3 months but less than 12 months, they are entitled to pro-rated annual leave pay, unless dismissed summarily for serious misconduct.

Example: If a helper resigns or is dismissed after 18 months of service and has not taken any annual leave, the employer must pay wages in lieu of the annual leave for the first 12 months (i.e., 7 days), plus pro-rated annual leave pay for the remaining period based on days employed (i.e., 7 days + 3.5 days = 10.5 days’ wages). However, if the helper is summarily dismissed for serious misconduct after 18 months, they are only entitled to wages in lieu of annual leave for the first 12 months (i.e., 7 days’ wages).

Section 4: Medical Treatment and Sickness Allowance

*A:*

Yes. When a helper is sick or injured, regardless of whether it is employment-related, the employer must provide free medical treatment, including consultation fees, hospitalization costs, and emergency dental treatment. In view of this requirement, employers may consider purchasing insurance that provides comprehensive medical and hospitalization coverage. Employers may also consider purchasing comprehensive insurance that includes medical and hospitalization coverage and complies with the Employees’ Compensation Ordinance. You should properly keep the medical records provided by the helper.

To avoid doubt, the revised "Standard Employment Contract" introduced on April 1, 2003, clearly states that under the new contract, employers are not required to bear medical expenses incurred by helpers who leave Hong Kong voluntarily for personal reasons (e.g., returning to their home country for vacation).

*A:* According to the employment contract, the helper must accept treatment from any registered medical practitioner provided by the employer. The employer should reach an agreement with the helper in advance regarding which doctor the helper should see when sick or injured.

*A:*

Employers must pay sickness allowance to helpers if:

* The helper has accumulated sufficient paid sick leave;

* The sick leave taken is for not less than 4 consecutive days; and

* The helper can produce a proper medical certificate (for antenatal check-ups, in addition to a medical certificate, the helper may also produce an attendance certificate).

During the first 12 months of employment, a helper accumulates 2 days of paid sick leave for each month of employment. Thereafter, they accumulate 4 days of paid sick leave for each month of employment. Paid sick leave can be accumulated throughout the employment period but shall not exceed 120 days at any time.

*A:* The daily amount of sickness allowance is equal to four-fifths of the helper’s average daily wages*. The employer must pay sickness allowance to the helper no later than the regular payday.

*A:*

No. It is illegal for an employer to dismiss a helper who is on paid sick leave. Violators may be prosecuted and, upon conviction, liable to a maximum fine of HK$100,000.

The employer must also pay the helper: payment in lieu of notice; a sum equivalent to 7 days’ wages as compensation*; and any sickness allowance the helper is entitled to.

The helper may also claim compensation for unreasonable and unlawful dismissal from the employer under the "Employment Protection" provisions of the Employment Ordinance.

Section 5: Maternity Protection

*A:* Female helpers are entitled to 14 consecutive weeks of paid maternity leave if they meet the following conditions: They have been employed for not less than 40 weeks before the scheduled start of maternity leave; They have notified the employer of the pregnancy and intention to take maternity leave, e.g., by showing a medical certificate confirming pregnancy; and If requested by the employer, they have submitted a medical certificate stating the expected date of confinement.

*A:* The daily amount of maternity leave pay is equal to four-fifths of the helper’s average daily wages. The employer must pay maternity leave pay on the regular payday. After paying all maternity leave pay on the regular payday, the employer may claim reimbursement from the government for the maternity leave pay for the 11th to 14th weeks payable and paid under the Employment Ordinance. For details, please refer to the Labour Department’s information on the "Reimbursement of Maternity Leave Pay Scheme" (Website: www.rmlps.gov.hk/en/home).

*A:*

No. A helper confirmed pregnant by a medical certificate cannot be dismissed from the date of confirmation until the day she is expected to resume work after maternity leave ends.

If an employer violates this provision, they may be prosecuted and, upon conviction, liable to a maximum fine of HK$100,000. Additionally, the employer must pay the helper: payment in lieu of notice; a sum equivalent to 1 month’s wages as compensation*; and if the helper would have been eligible for maternity leave pay had she remained employed, the employer must pay the maternity leave pay.

The helper may also claim compensation for unreasonable and unlawful dismissal from the employer under the "Employment Protection" provisions of the Employment Ordinance.

Section 6: Termination of Employment Contract

*A:* Yes. Either party may terminate the contract by giving one month’s written notice or paying one month’s wages in lieu of notice to the other party.

*A:*

*A:* Only in specific circumstances can both parties terminate the contract without prior notice or payment in lieu of notice.

*A:*

Immediate termination of contract usually results from disagreements between labor and management. During arguments, certain issues may be exaggerated, and either party may believe there are sufficient grounds for immediate termination or deem it terminated, but this perception is often incorrect. Furthermore, in a domestic environment, there are usually no independent witnesses, making it difficult to judge the events of the dispute and whether the actions taken were reasonable.

The best way to resolve disputes is for both parties to communicate directly. When differences arise, both parties should try to be understanding and tolerant of each other. Many problems do not require drastic actions to resolve.

The law only permits immediate termination in special circumstances. If this must be done, ensure there are sufficient grounds to support it; otherwise, you may likely face claims from the other party.

*A:*

If you believe the other party has unilaterally terminated the contract, you should notify the Foreign Domestic Helper Section of the Immigration Department. If the helper goes missing, the employer should consider reporting the case to the police.

If you believe the other party terminated the contract without notice without justification and you wish to claim payment in lieu of notice, you should promptly visit the district office of the Labour Relations Division of the Labour Department. The office will mediate the dispute between the parties.

You may, of course, choose to waive your right to require proper notice from the other party.

*A:*

Upon termination or expiry of the employment contract, the payments an employer must make to the helper depend on factors such as the length of service and the reason for termination. Generally, termination payments include: any outstanding wages; payment in lieu of notice (if applicable); wages in lieu of any untaken annual leave and pro-rated annual leave pay for the current leave year; Long Service Payment or Severance Payment (if applicable); and other amounts specified in the employment contract, such as travel expenses and food/transport allowances.

Employers should keep receipts for these payments. Sample receipts for payments made upon termination/expiry of the employment contract are published in the Appendix.

Section 7: Severance Payment and Long Service Payment

*A:* An employer must pay severance payment to a helper if:

The helper is dismissed due to redundancy, or the employment contract is not renewed upon expiry due to redundancy*; and

The helper has been employed continuously by the same employer for not less than 24 months before dismissal.

*A:* If a helper has been employed continuously by the employer for not less than 5 years, and he/she:

Is dismissed or the contract is not renewed upon expiry, provided the dismissal or non-renewal is not due to summary dismissal for serious misconduct or redundancy;

Resigns with a specified certificate issued by a registered medical practitioner or registered Chinese medicine practitioner confirming permanent unfitness for the current job;

Resigns due to old age at age 65 or above; or

Dies during employment,the employer must pay long service payment to the helper.

If the employer requests the helper in writing to renew the contract or re-engage under a new contract not less than 7 days before the termination date or expiry date, and the helper unreasonably refuses such request, the helper is not entitled to severance payment.

If the employer requests the helper in writing to renew the contract or re-engage under a new contract not less than 7 days before the expiry date, and the helper unreasonably refuses such request, the helper is not entitled to long service payment.

*A:* No. An FDH can only receive either severance payment or long service payment at one time. Helpers dismissed due to redundancy are entitled to severance payment but not long service payment.

*A:* The following calculation method applies to both severance payment and long service payment: [(Last month’s wages x 2/3) x Reckonable years of service]. Service periods of less than one year are calculated on a pro-rata basis.

Section 8: Provision of Travel Expenses, Food, and Transport Allowances

*A:* Yes. According to the Standard Employment Contract, the employer is responsible for the helper’s travel expenses to return to their place of origin upon contract expiry or termination. Employers usually provide the helper with a ticket to their place of origin and a daily food and transport allowance of HK$100 for the return journey.

*A:* Yes. According to the Standard Employment Contract, the employer is responsible for the helper’s travel expenses to return to their place of origin upon contract expiry or termination. It is recommended that employers provide the helper with a ticket that includes free basic baggage allowance, rather than cash equivalent to the ticket value, to reduce the likelihood of helpers using the travel funds to travel only to nearby regions instead of returning to their place of origin. Additionally, before purchasing the ticket, the employer may confirm departure arrangements (such as departure date, destination, etc.) with the helper to allow both parties sufficient and reasonable time to handle matters related to contract expiry or termination.

*A:* This depends on the time required for the helper to return from Hong Kong to their place of origin. The employment contract stipulates a daily food and transport allowance of HK$100 for the period the helper returns to their place of origin. If the employer provides a ticket that does not involve direct return to the place of origin, you may need to increase the aforementioned daily food and transport allowance due to the increased number of travel days.

Section 9: Enquiries and Complaints

*A:*

* Call the Labour Department’s 24-hour telephone enquiry hotline (answered by "1823"):

* 2717 1771

* 2157 9537 (FDH Hotline)

* Visit the district offices of the Labour Relations Division of the Labour Department;

* Refer to the "A Concise Guide to the Employment Ordinance," which outlines the main provisions of the Employment Ordinance. This booklet is available at the district offices of the Labour Relations Division or can be downloaded from the Labour Department website (URL: www.labour.gov.hk).

*A:* If both parties encounter problems or claims related to employment contracts or the Employment Ordinance that they cannot resolve themselves, they should seek assistance from the Labour Relations Division. The Labour Relations Division assists employers and helpers in resolving labor disputes through free conciliation services. Conciliation Officers strive to help employers and helpers reach a mutually acceptable settlement agreement. If a settlement cannot be reached or if requested by the parties, the Conciliation Officer will refer the claim to the Labour Tribunal or the Minor Employment Claims Adjudication Board for adjudication based on the amount claimed.