KasaMaid Agency 金莎來僱傭中心

Q1	How much should Employer paid salary to domestic helper per month?
Q2	Can I agree with my helper to pay lesser amount of wages than the minimum allowable wage (MAW)? What is the prevailing MAW?
Q3	Can an employer deduct the helper’s wages to compensate for damage to goods caused by him/her?
Q4	May either both of party terminate their contract within 2 years?
Q5	How long A foreign domestic helper may entitled statutory holidays and annual leave?
Q6	How should I grant annual leave to my helper on completion or termination of employment contract?
Q7	Should employer responsible provide to the helper air-ticket from Hong Kong to his/her place of origin upon termination or expiry of the contract?
Q8	How should an employer pay wages to my helper?
Q9	Under what circumstances should an employer pay long service payment to a helper?
Q10	How are severance payment and long service payment calculated?
Q11	Would a helper be entitled to severance payment and long service payment simultaneously?
Q12	Can an employer dismiss a pregnant helper?
Q13	Can I entered into another contract of employment with the helpers?
Q14	Upon termination or expiry of the contract, what items of payment should I pay to my helper?
Q15	Can an employer or a helper terminate the contract without notice or payment in lieu?
Q16	What should I do if my helper leaves without giving me notice or payment in lieu? OR What should I do if my employer dismisses me without giving me notice or payment in lieu?

How much should Employer paid salary to domestic helper per month?

All foreign domestic helpers in Hong Kong should be paid not less than the Minimum Allowable Wage of HK$4,730 per month if their employment contracts are made on or after 1 October 2022.

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Can I agree with my helper to pay lesser amount of wages than the minimum allowable wage (MAW)? What is the prevailing MAW?

No. an employer cannot agree with the helper to pay lesser amount of wages than the minimum allowable wage. Approval for the importation of foreign domestic helper is based on facts submitted to the Director of Immigration, whereby the employer has agreed to pay not less than the minimum allowable wage. An employer who underpays wages as stated in the standard employment contract is liable, upon conviction, to a maximum fine of HK$350,000 and three years’ imprisonment. The employer would also be committing serious offences of making false representation to an Immigration Officer and conspiracy to defraud. Any person convicted of making false representation is liable to a maximum fine of $150,000 and imprisonment for 14 years.

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Can an employer deduct the helper’s wages to compensate for damage to goods caused by him/her?

An employer can make deductions for damage or loss to the employer’s goods or property directly attributable to the helper’s negligence or default. In any one case, the sum to be deducted shall be the cost of the damaged item, subject to a limit of HK$300. The total of such deductions shall not exceed one quarter of the wages payable to the helper in that wage period. Except with the approval in writing of the Commissioner for Labour, the total of all deductions, excluding those for absence from work, made in any one wage period must not exceed one half of the wages payable for that period.

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May either both of party terminate their contract within 2 years?

Either party may terminate the employment contract by giving one month’s notice or one month’s wages in lieu of notice to the other party.

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How long A foreign domestic helper may entitled statutory holidays and annual leave?

After serving 3 months, a foreign domestic helper is entitled to the following rate：

法定假日	STATUTORY HOLIDAYS
1月1日	the first day of January
農曆年初一	Lunar New Year's Day
農曆年初二	the second day of Lunar New Year
農曆年初三	the third day of Lunar New Year
清明節	Ching Ming Festival
5月1日勞動節	Labour Day, being the first day of May
端午節	Tuen Ng Festival
7月1 日回歸	Hong Kong Special Administrative Region Establishment Day, being the first day of Joly
中秋節翌日	the day following the Chinese Mid-Autumn Festival
重陽節	Chung Yeung Festival
10月1日國慶	National Day, being the first day of October
冬節、聖誕節 (由僱主選擇)	Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)

A foreign domestic helper is entitled to paid annual leave after serving every period of 12 months with the same employer at the following rate:
7 days each for the first and second year of service; and starting from the third year, the number increases by 1 day per year up to a maximum of 14 days.

Year of Service (No. of Days of Paid Annual Leave)
1	7
2	7
3	8
4	9
5	10
6	11
7	12
8	13
9 and over	14

9 years of service and above - Helper is entitled to 14 days paid annual leave.
If the helper has worked continuously for the employer for three months preceding any of these holidays, he/she is entitled to the holiday pay.
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How should I grant annual leave to my helper on completion or termination of employment contract?

A leave year means any period of 12 months commencing on the day on which his employment commenced and an anniversary of such day. If an employee has been employed for a leave year and his employment contract is terminated, irrespective of the reasons of termination, he should be entitled to payment in lieu of any annual leave not yet taken. In calculating the daily rate of the payment, the “date of termination of contract” should be adopted as the “specified date”. (see the preceding part on Annual Leave Pay)
An employee with three but less than 12 months' employment in a leave year and his employment contract is terminated other than for the reason of summary dismissal due to his serious misconduct, he would be entitled to pro rata annual leave pay.

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Should employer responsible provide to the helper air-ticket from Hong Kong to his/her place of origin upon termination or expiry of the contract?

Yes. Upon termination or expiry of the contract, employer should provide free passage, usually an air ticket covering airport tax for you to return to your place of origin, and a daily food and travelling allowance of minimum HK$100.

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How should an employer pay wages to my helper?

You are advised to pay wages by cheque or by auto payment into your helpers bank account. But not cash payment. You are required to keep records of wage payments.

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Under what circumstances should an employer pay long service payment to a helper?

An employer should pay long service payment to the helper if he/she has worked continuously for not less than five years, and:

is dismissed or the fixed term contract is not being renewed* by reason of redundancy; and
is certified by a registered medical practitioner as permanently unfit for the present job and he/she resigns.
is aged 65 or above and he/she resigns; or
dies in service.

How are severance payment and long service payment calculated?

The following formula applies to the calculation of both severance payment and long service payment: ：

[(Monthly wages 2/3 ) reckonable years of services ]
*Service of incomplete year should be calculated on a pro rata basis.

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Would a helper be entitled to severance payment and long service payment simultaneously?

No. A helper will not be simultaneously entitled to both long service payment and severance payment. A helper dismissed by reason of redundancy is entitled to severance payment but not long service payment.

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Can an employer dismiss a pregnant helper?

A helper is eligible for 10 weeks paid maternity leave if;

she has been employed for not less than 40 weeks immediately before the commencement of maternity leave;
she has given notice of pregnancy confirmed by a medical certificate to her employer; and
she has produced a medical certificate specifying the expected date of confinement if so required by the employer.

Maternity leave pay is equal to four-fifths for the normal wages. It should be paid on the normal pay day of the helper.

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Can I entered into another contract of employment with the helpers?

No. Except in cases of summary dismissal due to the helpers serious misconduct, an employer is prohibited from dismissing a pregnant helper from the date on which she is confirmed pregnant by a medical certificate to the date on which she is due to return to work on the expiry of her maternity leave.

An employer who contravenes the provision is liable to prosecution and, on conviction, a fine of HK$100,000. He/She is also required to pay the helper:
- wages in lieu of notice;
- a further sum equivalent to one months wages: and
- 10 weeks maternity leave pay if, but for the dismissal, she would have been entitled to such payment.

Upon termination or expiry of the contract, what items of payment should I pay to my helper?

The items and amount payable to your helper on termination or expiry of the contract depend on a number of factors such as the length of service and the reason for termination of contract. However, termination payments usually include:
- outstanding wages;
- wages in lieu of notice, if any;
- payment in lieu of any untaken annual leave, and any pro rata annual leave pay for the current leave year
- where appropriate, long service payment or severance payment;
- any other sum due to the helper in respect of the employment contract.(e.g. free return passage and food and travelling allowance.)
It is advisable to keep the receipts for such payments.

Can an employer or a helper terminate the contract without notice or payment in lieu?

Termination without notice or payment in lieu is allowed only under special circumstances.
For Employer - You may summarily dismiss your helper without notice or payment in lieu of notice if your helper, in relation to the employment:

wilfully disobeys a lawful and reasonable order;
misconducts himself/herself;
is guilty of fraud or dishonesty; or
is habitually neglectful of his/her duties.

For Helper - You may terminate your employment contract without notice or payment in lieu of notice if:

you reasonably fear physical danger by violence or disease;
you are subjected to ill-treatment by your employer; or
you have been employed for not less than five years and you are medically certified as being permanently unfit for the type of work you are engaged.

What should I do if my helper leaves without giving me notice or payment in lieu? OR What should I do if my employer dismisses me without giving me notice or payment in lieu?

You should notify the Extension Section of the Immigration Department if you consider that the contract has been unilaterally terminated by the other party. For the employer, if you are unable to locate the whereabouts of the helper, you may also wish to report the case of missing helper to the Police.
If you consider that the other party is not entitled to terminate the contract without notice and you wish to claim wages in lieu of notice, you should approach the appropriate branch office of the Labour Relations Division of the Labour Department without delay. This Division will help you settle your claim by conciliation.
You may of course waive the requirement of proper notice from the other party.