For every foreign domestic helper (FDH) to be employed, the employer must have a household income of no less than $15,000 per month or assets of comparable amount to support the employment of an FDH for the whole contractual period.
An employer can recruit an FDH through an agency or directly via personal advertisements or referrals. The employer and the FDH must enter into a Standard Employment Contract as specified by the Director of Immigration and apply to the Immigration Department for an employment visa for the FDH. Please click here to obtain forms related to the employment of FDHs.
Like local employees, foreign domestic helpers (FDHs) are entitled to the same benefits and protection under the Employment Ordinance (EO) and the Employees’ Compensation Ordinance (ECO). FDHs are further protected by the government-prescribed Standard Employment Contract.
Payment of Wages
Employers shall pay wages to their FDHs not less than once every month and in any case not later than seven days after the end of the wage period. Employers can agree with their FDHs regarding the methods of wage payment such as by cheque, bank transfer, cash, etc. but it is advised to pay wages by cheque or bank transfer to obtain payment record for retention. Regardless of the payment method, employers should keep record on wages/payments and ask their FDHs to acknowledge receipt in writing to avoid future disputes.
Rest Days, Statutory Holidays, Paid Annual Leave and Other Leave Entitlements
FDHs are entitled to rest days, statutory holidays and paid annual leave.
Employers should agree with their FDHs on leave arrangement to accommodate the needs of both parties. Besides, employers should keep records on the FDH’s leave and leave payment received to avoid future disputes.
Maternity Protection and Paternity Leave
A female FDH is eligible for a continuous period of 14 weeks maternity leave if she has given her employer notice of pregnancy and her intention to take maternity leave, and fulfil the requirement under the EO. The daily rate of maternity leave pay is a sum equivalent to four-fifths of the average daily wages of the FDH and it shall be paid on her normal pay day.
Employers, after payment of all maternity leave pay on the normal pay day, may apply to the Government for reimbursement of the 11th to 14th weeks’ maternity leave pay payable and paid under the Employment Ordinance.
A male FDH who is the father of a new-born child or a father-to-be (the child can be born in or outside Hong Kong), and who has fulfilled the requirement under the EO, is entitled to five days’ paternity leave for each confinement of his spouse/partner. The daily rate of paternity leave pay is a sum equivalent to four-fifths of the average daily wages of the FDH.
Severance Payment and Long Service Payment
An employer should pay severance payment to the FDH if he/she has been employed continuously for not less than 24 months and is dismissed (or his/her contract is not renewed) by reason of redundancy.
An employer should pay long service payment to the FDH if he/she has been employed continuously for not less than 5 years and is dismissed (or his/her contract is not renewed) by reason other than serious misconduct of the FDH or redundancy.
However, an employer is not required to pay both long service payment and severance payment to the FDH.
Employees’ Compensation Insurance
Employers are required to take out employees’ compensation insurance to cover their liabilities under the law (including the common law) for injuries at work in respect of their FDH.
Injuries or Death as a result of Accidents at Work
If an FDH sustains an injury or dies as a result of an accident arising out of and in the course of his/her employment, the employer is in general liable to pay compensation under the ECO even if he/she might have committed acts of faults or negligence when the accident occurred. The compensation includes periodical payments, medical expenses and lump sum compensation (in the case of death, or an FDH suffering permanent total or partial incapacity resulting from a work injury). An employer shall notify the Commissioner for Labour of any work injury within 14 days (7 days for fatal cases) after the work accident.
Occupational Safety and Health
Employers are obliged to provide a safe working environment for FDHs and give them appropriate advice on their personal safety.
The Standard Employment Contract for FDHs includes a clause on cleaning outward-facing windows to safeguard the occupational safety of FDHs. For details, please refer to “Foreign Domestic Helpers - Safety Requirements for Cleaning Outward-facing Windows”. If an employer requests the FDH to clean outward-facing windows in breach of the SEC, the FDH can refuse such request. For other relevant safety and health tips on performing domestic duties, please refer to “Safety and Health Tips for Household Workers” published by the Occupational Safety and Health Council. The booklet is available in English, Bahasa Indonesia, Tagalog and Thai for FDHs’ reference.
Employers are also advised to keep basic first aid items such as adhesive plasters, disinfectants, etc. at home, and inform their FDHs of the storage location and the method of use.
If employers wish to know more about the rights and obligations under the EO and the ECO, please refer to “Practical Guide for Employment of Foreign Domestic Helpers - What Foreign Domestic Helpers and Their Employers Should Know” and “Important Information for Employers and Employees on Compensation for Work Injuries and Occupational Diseases”.
Minimum Allowable Wage (MAW)
The current MAW for FDHs is $4,990 per month, and this MAW is applicable to all Standard Employment Contracts signed on or after 28 September 2024. Employers must not unilaterally impose or mutually reach a private agreement with their FDHs on a lower wage rate.
Food and Accommodation
Employers shall provide their FDHs with food free of charge or food allowance. The current food allowance rate is $1,236 per month. Also, FDHs shall, during the employment period in Hong Kong, work and reside in their employers’ residence specified in the contract. The “live-in requirement” is applicable throughout an FDH’s employment period, including the period when he/she is on rest days, statutory holidays and paid annual leave in Hong Kong.
Medical Treatment
In the event that an FDH is ill or suffers personal injury during the period of employment (except for the period during which the FDH leaves Hong Kong of his/her own volition and for his/her own personal purposes), regardless of whether this arises out of employment, his/her employer shall provide free medical treatment to the FDH, including medical consultation, maintenance in hospital and emergency dental treatment. The FDH shall accept medical treatment by any registered medical practitioner as provided by the employer. Apart from taking out the employees’ compensation insurance, employers shall consider taking out suitable medical insurance to minimise the liability arising from the medical expenses.
Upon completion or termination of contract, employers should provide their FDHs with the return passage to their places of domicile, as well as clear all outstanding wages and other entitlements under the EO.
Other than completion of contract, either party may terminate the contract by giving one month’s notice in writing or one month’s wages in lieu of notice.
General Information on Employment Matters
Apart from the Employment Ordnance (EO) and the Employees’ Compensation Ordinance (ECO), employers should also observe the employment terms set out in the Standard Employment Contract (SEC) for employing FDHs. FDHs must also comply with the Immigration Ordinance and the conditions of stay stipulated on their visas including:
A breach of any conditions of stay will render the FDH and/or any aider and abettor liable to prosecution. Please refer to “Illegal Employment of Foreign Domestic Helpers is Prohibited”.
The “Smart Renewal” service has been applicable to applications for visas for further employment of foreign domestic helpers submitted online, by post or drop-in box. Persons who submit their visa applications can, upon approval of their applications, pay online through the online payment webpage link provided in the notification of the application result or pay the visa fee with the “General Demand Note” (GDN) enclosed with the notification of the application result. Afterwards, they may download or print the “e-Visa” by themselves, without having to attend an office of the Immigration Department for going through the formalities.
If employers have problems or claims arising out of the employment contract or provisions under the Employment Ordinance which cannot be settled on their own, please approach the Labour Relations Division of the Labour Department(LRD) for assistance. The LRD assists employers and helpers to resolve their labour disputes through the provision of free consultation and conciliation service and facilitates the employer and helper to reach a mutually acceptable settlement. If no settlement is reached, LRD will refer the parties concerned, depending on the claim amount, to lodge a claim with the Minor Employment Claims Adjudication Board or the Labour Tribunal for adjudication.
☞Publicity Materials and Related Publications
☞Sample Forms, Receipts and Records relating to Employment of Foreign Domestic Helpers