Yes. Rest days shall be appointed by the employer. For irregular rest days, you should inform your helper of the roster before the beginning of each month. For regular rest days, you are not required to do so.

Yes. But you need to inform your helper by a minimum of 48 hours prior notice for work on a statutory holiday. You must then arrange a substitute holiday for your helper within 60 days before or after the statutory holiday.

No. You are not allowed to make use of any form of payment to your helper in lieu of a statutory holiday. If you contravene such order, you are liable to prosecution, and, upon conviction, you may liable to a fine of HK$50,000.

No. Unilateral request for unpaid leave is not allowed. Mutual consent needs to be obtained for the arrangement of unpaid leave. Also, a live-out arrangement is illegal under any circumstances and may lead to a rejection of insurance claims in case of accidents. 

No. Even if there is severe weather condition on your helper’s rest day, your helper still has the right to decide how to use it. However, you are responsible to remind your helper of the potential risk to go out under severe weather. For example, it may lead to a rejection of insurance claims in case of accidents. If your helper agrees to stay home, you are not obligated to substitute for her leave. However, it is illegal to require your helper to work on a rest day. Therefore, you should not require your helper to work under any circumstances.

If both parties agree to enter into a new contract, you shall apply to the Immigration Department 2 months before the current contract expires. 

Yes. Contract Renewal with the same employer can be effective immediately upon the completion of the existing contract after the completion of the current contract. And the contract will be extended for 2 years further.

Yes. Home leave is required. According to Clause 13 of the Standard Employment Contract, in between contracts, helpers should return to their place of origin for a paid/ unpaid vacation of not less than 7 days at the expense of the employer. Unless the helper is unable to return to the place of origin upon the contract completion, an extension of the limit of stay and a deferral of the home leave can be applied at the Immigration Department under mutual consent.

If your helper has been employed by you under a continuous contract for not less than 24 months, and her contract is terminated, or not renewed because of redundancy, you are required to pay a severance payment to her.

Provided that your helper has been employed by you for not less than 5 years, she is eligible for long service payment if she is dismissed (neither because of redundancy nor serious misconduct); her contract expires without renewal; she is certified by a registered medical practitioner that she is permanently unfit for her present job and she resigns; she ages 65 years or above and resigns for old age; or she dies during employment.
Formula to calculate: [ (Wages of last month x 2/3) x reckonable years of service]

No. According to Clause 3 of the Standard Employment Contract [ID407], your helper must work and reside in your residence stated in the contract.

No. According to Clause 3 of the Standard Employment Contract [ID407], your helper must work and reside in your residence stated in the contract. Also, you must comply with the standard in the “Schedule of Accommodation and Domestic Duties” to provide free accommodation to your helper. 

(Abovementioned regulation is exempted for employers who obtained approvals from the Director of Immigration before 4 April 2003 to let their helpers live out, provided that they continue to employ their helpers without a break of more than 6 months.) 

Your helper is only permitted to perform domestic duties listed in the “Schedule of Accommodation and Domestic Duties”. Major duties include: – household chores, cooking, looking after aged persons in the household, babysitting, and child-minding. Other duties such as proxy shopping for groceries and food, car washing, delivery of food any personal items to employers or their household members outside the residence, can all be recognized as legitimate domestic duties.

No. According to the Immigration Ordinance, unlawful employment is a serious offense, upon conviction, the offender is liable to a maximum penalty of HK$350,000 fine and imprisonment for 3 years. 

Example: A flower store owner that deployed her helper to work in the store was sentenced by the court to 2 months imprisonment. Also, if the helper injures or dies from work, the employer is liable to compensate. 

No. Helpers are only obligated to perform household duties at the contractual address. Helpers have the right to refuse in performing such duty.  

The Minimum Allowable Wage (MAW) also applies to the hiring of helpers. For employment contracts signed since 1 October 2022, the MAW is HK$4,730 per month.

No. Under no circumstances, the employer is allowed to settle for wages lower than the MAW even if the employee agrees. An employer who underpays, upon conviction, is liable to a maximum fine of HK$350,000 and imprisonment for 3 years. The employer may also be prosecuted for making a false statement to an Immigration Officer and conspiracy to defraud. The employer convicted for the above offenses is liable to a maximum fine of HK$150,000 and imprisonment for 14 years.

Example: An employer was prosecuted by the Labour Department for underpaying. According to Tsuen Wan Magistrate Court’s jurisdiction, the employer was sentenced to 9 months imprisonment.

• Dismissal of a helper who has been confirmed pregnant;
• Dismissal of a helper during her paid sick leave;
• Dismissal whilst the helper is giving evidence for any proceedings connected with the enforcement of the Employment Ordinance, work accidents, or breach of work safety legislation;
• Dismissal for a helper’s participation in trade unions; or
• Dismissal of an injured helper before reaching a consensus on the compensation or before the issue of a certificate of assessment.

A helper is eligible for 14 weeks of Paid Maternity Leave if she has been employed under a continuous contract for not less than 40 weeks before the maternity leave, and has notified the employer of her pregnancy and her intention to take maternity leave with confirmation by a medical certification.

Yes, provided that such an arrangement is settled by mutual consent. Both parties shall discuss the arrangement with a preliminary consensus. It would be ideal to have a written record of the discussion to confirm the helper is not forced to take contraceptive injections.

You may have your own decision. If you decide to lend money to your helper, with your helper’s written consent, you may deduct part of your helper’s wage as loan repayment. However, you should note that the deducted wage for loan repayment shall not be lower than 50% of your helper’s monthly wage.

You may enquire the finance company about your helper’s debt amount and her remaining installments. If the debt is reasonably repayable, you may conduct monthly follow up on her repayment and remind her not to borrow from the lending company again. 

In Hong Kong, the employer is not responsible for the helper’s debt. If you are harassed by the lending company, you may consider terminating the contract with your helper and explain to the lending company of the situation. You should report to the police immediately if the lending company continues to harass you and your family. However, the termination still needs to follow standard procedures (e.g. pay for the dismissal wage in lieu of notice) if your helper has not committed any criminal offenses.

You should report it to the police. Theft is a criminal offense that should not be condoned. You should also avoid resolving this issue in private.

Yes. However, you should understand that such a monitoring practice can cause an intrusion of privacy to your helper if handled improperly. You should acknowledge your helper of the presence of the surveillance system – e.g. your helper should know the number and location of the surveillance cameras at home. Also, no cameras should be installed in places that intrude on your helper’s privacy, such as the bathroom and your helper’s room. We recommend that such arrangements should be given by written notice. Also, both parties should sign on it for confirmation. 

Child abuse is a criminal offense. You should report to the police immediately and take your child to the Accident and Emergency Department (A & E) of the public hospital for injury assessment. The Hospital Authority may assign pediatricians, social workers, and psychologists to follow up. Do not try to condone such behaviors or resolve this issue in private. When necessary, you may call the Against Child Abuse Hotline at 2755 1122 for enquiries or assistance.