Main provisions of the Standard Employment Contract in Hong Kong
The only employment contract acceptable by the Hong Kong Immigration Department is the Standard Employment Contract (ID407). This standard contract must be filled and signed by the employer of the foreign domestic worker (the Employer) and the foreign domestic worker (the Helper).
Note that the contract cannot be downloaded online. You must obtain the original copies at the Foreign Domestic Worker division of the Immigration Department located at Wan Chai.
The main provisions of the Standard Employment Contract are:
For details, please visit the Labour Department's website or refer to the Guidebook for the Employment of Domestic Helpers from Abroad (ID(E)969).
You can find the samples of the Standard Employment Contract for a Domestic Helper recruited from Outside Hong Kong (applicable w.e.f. 1.1.2017) at the end of this article. The samples are for reference only.
The information provided is a guide only and we do not accept responsibility for any inaccuracies or outdated information. Regulations are subject to change and employers should check with the Immigration Department and/or the Labour Department for the latest updates.
Depending on your helper’s profile and your expectations, you might need to have her trained to acquire or fine-tune certain of her skills e.g. cooking, baking, languages, etc. Additional training might be especially relevant to first-timers i.e. helpers who have never worked in Hong Kong before, since the pre-training they usually receive in their home country is not often sufficient or adequate. At the end of their contract, domestic helpers are entitled to receiving an end-of-contract allowance – a severance or long-term payment – depending on how long they have been employed by their employer and whether they meet a certain number of criteria.
Finally, certain additional recurring expenses, when they apply, must also be considered by employers. Indeed, employers of foreign domestic helpers in Hong Kong must provide their helper with free food or a food allowance instead. No matter which option you set your mind on, make sure that you factor in food-related expenses incurred when employing a domestic helper.
Additional punctual expenses – which might come up unexpectedly – must also be factored in to truly reflect a domestic helper’s salary package:
Employers of foreign domestic helpers in Hong Kong are legally required to cover their worker’s medical expenses. A helper is entitled to receiving free medical treatment when she gets sick or suffers a personal injury while employed by her employer, regardless of whether it can be attributed to her employment. Employers are therefore advised to get a full medical and hospitalization coverage. JollyHelper has chosen to partner with a leading insurance company to offer a comprehensive coverage plan.
Employers must shoulder the expenses of a return ticket for their helper – from their country of origin at the beginning of the employment period and back to their home country when the employment period ends.
These are the basic requirements you need to comply:
Regulations and procedures differ from country to country. In some countries, for example, your domestic helper is required to live with you. Laws pertaining to minimum wages, security deposits, medical tests and insurance can vary. Be sure to familiarize yourself with the laws and procedures applicable to you. Below are some links to useful websites:
Yes. You can take your Helper to China but you cannot ask her to work and let her stay there for a long period of time. Helper should have a special visa entry from Immigration. The employer also need to have a supporting letter from the Hong Kong immigration Department.
Please be reminded that working in China is illegal for Domestic Helper who is holder of HK Foreign Domestic Helper Visa. It can result to substantial penalties to both employer and helper. You may also contact the Immigration Department for further information.
Currently, only expats in Guangdong province including Hong Kong and Macau residents can apply for a work visa for their domestic helpers. Chinese nationals are not allowed to hire a helper to work in the country.
Can I hire a live-out helper?
According to the Employment Ordinance, a Helper must stay in his/her employer’s premises. Some Foreign Domestic Helpers get hired for a part time jobs is also against the law and is subject to penalties.
Can I hire a part-time helper?
Holder of Hong Kong Foreign Domestic Helper Visa is NOT allow to get hired for a part time job. Hiring a part-time helper is against the law and is subject to penalties. It can result to substantial penalties to both employer and helper. If you are looking for a part-time help, you should hire a person with local citizenship.
Medical check-up upon helper’s arrival
Medical check-up will be done in the helper's home country; however it is okay if the employer prefers the helper to take a medical check-up upon arrival, extra charges apply.
In Hong Kong and Singapore, it is optional to send your helper for a medical checkup after she arrives. In some Middle Eastern countries such as Qatar, a medical checkup upon helper's arrival is mandatory for domestic helper visa application.
Can a helper cross- country?
A helper cannot cross-country. Meaning, if a helper wish to work in Hong Kong while he/she is now located in any countries other than the country of origin, he/she must return to the country of origin and process all the documents in his/her own country.
When to pay for helper’s flight ticket?
According to the practice instituted by labour Department, employer is obliged to provide domestic Helper’s flight ticket to Hong Kong and responsible for the travel expenses from Hong Kong back to his/her country of origin under the employment contract. For terminated helpers, he/she must be provided with travel expense back to his/her country of origin. The mutual agreement should be settled by both employer and employee before the end of the visa to avoid overstaying.
When can your new helper start working?
A helper can start to work as soon as he/she is issued with a new visa. If he/she still has current valid visa, she is not allowed to work with any other employers.
Remember, your domestic worker can only start working for you once his or her visa has been processed. In the meantime, you can prepare your helper’s living space (which must be ‘suitable’ and must have reasonable privacy, according to the Immigration Department’s rules) and take out a mandatory insurance policy that covers your liability should your helper be injured on the job.
JollyHelper HK Hotline: +852 3460 5490