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Notes to Employers
Eligibility Criteria
1) Hong Kong Permanent Resident or Hong Kong Resident possesses a company employment contract proving employment in Hong Kong.
2) With a monthly household income not less than HK$15,000 or 6 months bank fixed deposit of at least HK$360,000
Required Documents
- Proof of identity
- A copy of the proof of income (Either one)
- Original and copy of the proof of residential address (Either one)
- Floor plan and photos of helper’s sleeping area and home (only applicable to employers whose helpers do not have their rooms)
- Proof of relationship (only applicable to employers who provide documents that are not in his/her name)
- Hong Kong Permanent Resident: Copy of Hong Kong Identity Card
- Hong Kong Resident: Copy of Hong Kong Identity Card+ Travel Document showing personal particulars and the latest Hong Kong immigration stamp/visa.
- Latest tax demand note
- Salary statement/slips
- Bank fixed deposit
- Water bill
- Electricity bill
- Towngas bill
- Demand for Rates and/or Government Rent
- Landline telephone service bill
- Paid TV service bill
The employer who live in public housing estates: Tenancy Agreement, Approval of temporary stay of overseas domestic helper
* The original receipt will be returned to the applicant
- A letter explaining the sleeping arrangement of all household residents
- Lease
- Marriage Certificate
- Copy of Birth Certificate
Holiday Arrangements
- Rest Days
- Statutory Holidays
- Paid Annual Leave
- Employers should at least provide 1 rest day to the helper every 7 days.
- Employers cannot require the helper to work on rest days.
- Rest days may not be on Sundays, Employers shall discuss the arrangement with the helper.
- After serving the same employer for a continuous period of 3 months, helpers are entitled to the following statutory holidays.
- The 13 statutory holidays for 2023 are:
The first day of January | Ching Ming Festival | HKSAR Establishment Day |
The second day of Lunar New Year | Labour Day | The day following the Chinese Mid-Autumn Festival |
The third day of Lunar New Year | The Birthday of the Buddha | National Day |
The fourth day of Lunar New Year | Tuen Ng Festival | Chung Yeung Festival |
Chinese Winter Solstice Festival or Christmas Day (at the option of the employer) |
- Employers are not allowed to pay your helper in lieu of a statutory holiday.
- If the statutory holiday falls on your helper’s rest day, a compensated leave shall be granted following the rest day.
- After serving with the same employer for 12 months, a helper is entitled to Paid Annual Leaves.
- Number of Paid Annual Leaves varies according to the duration of the continuous service period:
Years of Service | Number of Annual Leaves (day) |
1 | 7 |
2 | 7 |
3 | 8 |
4 | 9 |
5 | 10 |
6 | 11 |
7 | 12 |
8 | 13 |
9 or above | 14 |
Accommodation and meal
Accommodation
Employers should provide free accommodation.
- Employers should provide the necessary facilities and household items for free, such as water and electricity supply, toilet and bathing facilities, beds, blankets and pillows, etc.
The living place of your helper has to be the same as the contractual address.
Meal
- Employers should provide food for the helpers.
- If no food is provided, employers need to pay a monthly food allowance of not less than HK$1,196 to your helper.
Wage and Working Terms
- Wage
- Scope of Work
- Compensation
- Sickness Allowance
- 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.
- Regardless of the helper’s consent, underpaying is illegal under all circumstances.
- Scope of work:household works only
- Place for work:limited to the contractual address only otherwise it is illegal.
- Employers may deduct the helper’s wage as compensation for the damaged or lost items caused by your helper. However, the wage deduction is limited to a maximum of HK$300 each time.
- The deduction also should not exceed 25% of the wage payable to the helper in that period.
The following Sickness welfare for helpers is entitled by the Employment Ordinance, Cap. 57:
- Employment during the first 12 months: 2 paid sickness days for each completed month
- Employment after 12 months: 4 paid sickness days for each completed month
- The ceiling of the accumulated paid sickness days: shall not exceed 120 days
Sickness Allowance: the helper is entitled to sickness allowance if the sick leave taken is not less than 4 consecutive days (The daily rate of the allowance is 80% of the average daily wages earned by the helper in the 12 months before the first sickness day).
Budget
Monthly Wage ($4,730 x 24 months) | HK$113,520 |
Agency Service Fee (normally includes single journey plane ticket to Hong Kong) | HK$15,000 up |
Domestic Helper Insurance (2 years) | Around HK$1,250 |
Return Plane Ticket (from Hong Kong to home country) | Around HK$2,300 |
Traveling allowance for Home Return | HK$100 |
Total expenses | Around HK$132,170 |
Average expenses per month (divided by 24 months) | Around HK$5,507 |
Termination of Contract
- Both the employer and the helper have the right to terminate the contract before its expiry by giving 1 month’s notice in writing or paying 1 month’s wages to others in lieu of notice.
- Under any circumstances, the employer is required to pay the following:
1) Outstanding wages and holiday compensations
2) Flight ticket for return and the traveling allowance
- You are reminded that both the employer and the helper should give written notice to the Director of Immigration within 7 days of the termination date.
Long Service Payment
An employer should pay your helper long service payment if your helper is employed under a continuous contract for not less than 5 years. The calculation is as follows:
(last full month’s wages x 2/3) x reckonable years of service