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$4,990 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$1,236 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$4,990 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$1,236;
- 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 14 statutory holidays in a year:- The first day of January;
- Lunar New Year's Day;
- The third day of Lunar New Year;
- The fourth day of Lunar New Year;
- Ching Ming Festival;
- Labour Day;
- The Birthday of the Buddha;
- Tuen Ng Festival;
- The Hong Kong Special Administrative Region Establishment Day;
- The 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);
- The first weekday after Christmas Day;
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.