Foreign Domestic Helpers - Foreign Domestic Helpers' Corner

Things Employers Should Know When Employing Foreign Domestic Helpers

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.

Labour Legislation

Employment Ordinance (EO)
- 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.
  - Rest days: Employers should grant their FDHs not less than one rest day in every period of seven days. A rest day is a continuous period of not less than 24 hours.
  - Statutory holidays: Employers must grant their FDHs a total of 13 statutory holidays in a year. Under no circumstances shall employers make any form of payment to their FDHs in lieu of granting a statutory holiday.
  - Paid annual leave: Employers must grant their FDHs paid annual leave for every 12 months that the FDHs have been employed. Entitlement to paid annual leave increases progressively from 7 days to a maximum of 14 days according to an FDH’s length of service.
  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 Ordinance (ECO)
- 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”.

Standard Employment Contract

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.

Completion or Premature Termination of Employment Contract

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.

It is a very common channel through which Hong Kong people employ foreign domestic helpers (FDHs). It is not a requirement by the Hong Kong Special Administrative Region Government that employers must recruit FDHs through, or FDHs to obtain employment from, employment agencies (EAs). Yet, governments of individual FDH-sending countries may have such requirements. Please consult the relevant Consulate representatives in Hong Kong if there are any enquiries.
According to the law, all EAs are required to apply for licences from the Employment Agencies Administration (EAA) of the Labour Department before undertaking any job placement business.
Before using the service of an EA, employers should check if the EA holds a valid licence first. Employers can use the search engine provided in the EAA Portal for identifying EA(s) with valid licence in Hong Kong. Please contact EAA for any enquiries.
Apart from making sure the EA has a valid licence, employers are also encouraged to check the reputation of the EA, from websites, discussion groups, or word of mouth of friends and relatives.
To protect employers’ interests, the “Code of Practice for Employment Agencies” stipulates that EAs should draw up written service agreements with employers, in which the details of services, including the service scope, itemised fees, refund arrangement, FDH replacement arrangement, etc., should be set out. EAs should also provide receipts for any payment received from employers. Should the EA failed to honour any of the agreed terms, or it is suspected of contravening the Trade Description Ordinance, employers should seek assistance from the Consumer Council or the Customs and Excise Department.
Please visit the EAA Portal for more details.
For false and misleading information relating to the services provided by EAs, please contact Customs and Excise Department at 2815 7711, or click here to obtain more information.

The regulation on “Exemption from Migrant Worker Placement Fees” promulgated by the Indonesian Government was implemented on 2 August 2021.
Starting from the implementation date, Indonesian nationals applying for the ten specified types of jobs overseas (including the post of domestic helper) will be subject to the regulation. The Indonesian Government has issued a cost structure to employment agencies in Indonesia.
Please click here for details and its cost structure.

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:
- An FDH must reside and work at the residential address of his/her employer as specified in the SEC and perform domestic duties for the employer as specified in the “Schedule of Accommodation and Domestic Duties” attached to the SEC.; and
- The FDH shall not take up, and shall not be required by the employer to take up, any other employment with any other person.
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”.
Getting Along with the Foreign Domestic Helpers
- After the foreign domestic helper (FDH) report duty, employers should, based on FDHs’ individual abilities, allow them sufﬁcient time to adapt to the new lifestyle and family environment. Employers are also recommended to have frequent communication with the FDHs to help them understand employers’ expectations and family needs. Employers can observe whether their FDHs have got used to the new lifestyle or are able to cope with difﬁculties encountered at work, and consider whether there is a need to adjust the work arrangement.
- Coming from different countries, the cultural background and religious beliefs of FDHs may be different from those of Hong Kong people. Employers should respect the differences. Employers may approach employment agencies (EAs) for the background of their FDHs before signing the contract, and making suitable adjustments when devising work schedules and meal arrangements. For instance, employers can seek to know whether a Muslim FDH is willing to handle pork, whether a Buddhist FDH needs a strict vegetarian diet, etc.
- Employers should provide sufficient sleep and rest time for the FDHs. Adequate sleep and rest can help enhance FDHs’ work efficiency. If an FDH is required to work at night, the employer should allow him/her sufficient time to take rest during the day.
- Respecting the FDH’s privacy is important. Employers should provide the FDH with sufficient space for storing his/her personal belongings and employers should not inspect FDHs’ personal belongings, etc. Employers may also observe whether the daily routine would intervene in FDHs’ private living space. It is advised not to interfering with the FDH’s activities during his/her rest time such as social gatherings on rest days, etc.

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.

For matter on rights of employers and foreign domestic helpers (FDHs), and labour legislation, please contact the Labour Department at 2171 1771 (handled by “1823”).
For matter on regulation of employment agencies, please contact the Employment Agencies Administration of the Labour Department at 2115 3667, or submit online form to the Administration.
Should the employment agency failed to honour any of the agreed terms, or it is suspected of contravening the Trade Description Ordinance, please seek assistance from the Consumer Council (hotline: 2929 2222) or the Customs and Excise Department (hotline: 2815 7711).
For matter on work injury, please contact the Employees’ Compensation Division of the Labour Department.
Employers should not be involved in the financial affairs of FDHs. For any complaints against money lenders, please report to the Police.
For enquiry about the visa and other employment matter, please contact the Immigration Department by calling the enquiry hotline at 2824 6111 or click here (Internal note: link to website) to obtain more information. Please click here to obtain forms related to the employment of foreign domestic helpers.