Hiring Regulations in Hong Kong
Requirements to hire a domestic helper
These are the basic requirements you need to comply:
- Employers must be a HKID card holder
- Employers should be able to provide the address proof (electric, water, gas or rate), bank statement and income tax is not considering as address proof
- Employers should be able to provide either an income proof such as income tax return P1&2 or bank statement of 3 months’ salary or bank deposit hk$350,000 or above for past six months per one helper hiring.
Information is extracted from The Immigration Department’s Guidebook for the Employment of Domestic Helper from Abroad.
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.
Please see here Sample of Standard Employment Contract from Labor Department.
The main provisions of the Standard Employment Contract are:
The contract is set for 2 years. It can be terminated by any party with a 1 month notice period. It cannot be extended: upon expiry of the contract, the Employer and the Helper who agree on continuation of employment must sign and submit a new contract.
The Helper shall work and reside at the Employer’s residence. The Employer shall provide the Helper with a suitable and furnished accommodation.
The Helper shall only perform domestic duties and exclusively for the Employer. Parties who violate this clause are violating the Immigration Ordinance and may face legal consequences.
Remuneration and expenses:
The monthly wages paid by the Employer to the Helper cannot be less than the minimum legal allowable wage. The Minimum Allowable Wage for a migrant domestic worker is HK$4,630 per month, as of September 2019. In addition, the Employer shall provide the Helper with food free of charge or a food allowance per month. The minimum food allowance is currently HK$1,121 per month. The Employer shall also be responsible for fees and expenses incurred for the arrival and the departure of the Helper, including the free passage and return from/to his/her place of origin to/from Hong Kong.
Read more: Potential Cost to Expect after Hiring a Domestic Helper
Holidays and leaves:
The Helper shall be entitled to at least 1 rest day in every period of 7 days, statutory holidays and paid annual leaves of 7 to 14 days depending on the Helper’s length of service for the same Employer.
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.
For details, please visit the Labour Department’s website for A Concise Guide to the Employment Ordinance
Here’re some more useful guidelines provided by the Labour Department of Hong Kong
- Practical Guide for Employment of Foreign Domestic Helpers – What Foreign Domestic Helpers and Their Employers Should Know
- Foreign Domestic Helpers Rights and Protection under the Employment Ordinance
- Points to Note for Employers on Employment of Foreign Domestic Helpers