Contracts

Quick Answer

Salary cannot be reduced below the Minimum Allowable Wage (HK$5,100/month) — doing so is a criminal offence even if both parties agree. Duties must stay strictly domestic; assigning non-domestic work is illegal. A change of residential address is permitted but must be formally reported to the Immigration Department.

Quick Answer

If you move to a new residential address, you must notify the Immigration Department using Form ID407G (Revised Schedule of Accommodation and Domestic Duties). If you are moving into public housing, you also need written consent from the Housing Authority or Hong Kong Housing Society confirming the helper may reside there.

Quick Answer

Yes. Under Clause 9 of the Standard Employment Contract, you must provide free medical treatment to your helper for the entire duration of employment — including non-work-related illness. This goes beyond what Employees' Compensation Insurance covers, so budget for out-of-pocket medical costs. The most common solution is to buy comprehensive insurance that includes both medical and the mandatory Employees' Compensation Insurance.

Quick Answer

A helper's wilful refusal to follow a lawful and reasonable instruction is a disciplinary matter under the Employment Ordinance (Cap. 57) and can, in serious or repeated cases, justify summary dismissal. Employers should follow a graduated response — verbal warning, written warning, then termination — and document each step to protect themselves at the Labour Tribunal.

Quick Answer

No. Foreign domestic helpers are explicitly excluded from acquiring the right of abode in Hong Kong, regardless of how long they have worked here. This exclusion is stated in the Immigration Ordinance (Cap. 115, Schedule 1, paragraph 2) and was upheld by the Court of Final Appeal in 2013. The standard 7-year ordinary residence rule does not apply to the domestic helper visa category.

Quick Answer

Home leave is a mandatory requirement under the Standard Employment Contract for foreign domestic helpers in Hong Kong to return to their home country for at least 7 days at the end of each 2-year contract. The employer is responsible for the cost of travel. It can be taken immediately at contract end or deferred for up to one year.

Quick Answer

Every domestic helper contract in Hong Kong is fixed at exactly two years. The Standard Employment Contract (Form ID407) is the only legally enforceable contract for helpers, and its duration cannot be shortened or extended by private agreement. After two years, the contract can be renewed for another two-year term.

Quick Answer

Yes, helpers are entitled to at least one rest day per week (minimum four per month), plus 17 statutory public holidays per year. Neither can be replaced by cash — an actual day off (or a substitute day) is always required. If a helper works on a rest day, a substitute rest day must be given within 30 days. If a helper works on a statutory holiday, an alternative day off must be given within 60 days.

Quick Answer

FDHs are entitled to paid annual leave after completing 12 months of service with the same employer. The entitlement starts at 7 days per year and increases progressively to a maximum of 14 days, based on years of service. If the contract is terminated, the employer must pay out any untaken leave.

Quick Answer

Yes. FDHs are legally required to live in the employer's home. Live-out arrangements — where the helper stays in their own accommodation — have not been permitted since April 2003. Employers must specify the helper's accommodation details in the Standard Employment Contract, and the Immigration Department must be notified of any address change.

Quick Answer

Notify the Immigration Department (IMMD) in writing within 7 days of contract termination — this is legally required. You may also report to the Police and the helper's home country consulate. Do not sell or dispose of any belongings left behind.

Quick Answer

No — you have no legal obligation to repay any loan your helper took out. Unless you explicitly signed as guarantor, the debt is entirely hers. If debt collectors contact you or send letters to your address, report them to the Companies Registry; if there is any physical threat, call the Police immediately.

Quick Answer

Employers must hold valid Employees' Compensation Insurance before employment begins — it is a legal requirement under Cap. 282. If a helper is injured at work, seek medical treatment immediately and report the injury to the Labour Department within 14 days (or 7 days if fatal). Failing to insure is a criminal offence.

Quick Answer

Domestic helpers in Hong Kong are entitled to all 17 statutory holidays per year, and the day off is mandatory from the very first day of employment. However, the employer is only required to pay for statutory holidays once the helper has been continuously employed for at least 3 months. During the first 3 months, the day off is still compulsory — only the payment for that day may be withheld.

Quick Answer

Employers must provide "suitable accommodation with reasonable privacy" — a dedicated sleeping space that is not a corridor, fold-out bed, or area shared with an adult of the opposite sex. No minimum square footage is set, but the space must offer genuine privacy and must be described in the employment contract.

Quick Answer

The ID407 is the prescribed Standard Employment Contract (SEC) mandated by the Immigration Department — it is the ONLY contract legally valid for hiring a Foreign Domestic Helper (FDH) in Hong Kong, covering a 2-year employment term with fixed minimum obligations for wages, accommodation, rest days, and airfare.

Quick Answer

Under Clause 9(a) of the Standard Employment Contract (ID407), employers must pay all medical expenses incurred during the contract — including serious or chronic conditions — with no monetary cap. Helpers are also entitled to 2 paid sick days per completed month of employment, capped at 120 days, payable at 4/5 of their daily wage.