Domestic Helper Hiring Guide in Hong Kong

Hiring a foreign domestic helper can be a complex and time-consuming task. To help streamline the process, we’ve compiled key information to guide you through hiring a housemaid in Hong Kong.

A guide to finding a domestic helper in Hong Kong

Finding a Domestic Helper in Hong Kong

There are over 390,000 foreign domestic helpers in Hong Kong. These workers play a crucial role in supporting dual-income families by managing household chores, caring for children, and assisting elderly family members. Their help allows working parents to focus on their careers and enjoy more quality time with their families. Hiring a foreign domestic worker is often more affordable than other caregiving and housekeeping options, making it a popular choice for both expatriate and local families.

Laws and Regulations for Foreign Domestic Helpers in Hong Kong

Foreign domestic helpers, like all employees, are protected by Hong Kong’s Labour Department under the Employment Ordinance. Due to the unique nature of their work and to ensure they do not compete with local workers, specific regulations also apply to foreign domestic helpers.

Domestic Helper Employment Contract in Hong Kong

The Hong Kong government requires employers and foreign domestic workers to sign and comply with the Standard Employment Contract for domestic helpers. This contract has a two-year duration, and unlike many other employment agreements, it does not include a probation period. Copies of the contract can be obtained at the Immigration Tower in Wan Chai.

Employment Contract Regulations for Domestic Helpers in Hong Kong

Employer Requirements

Not everyone is eligible to hire a domestic helper in Hong Kong. The Immigration Department only grants domestic helper visas to employers who are Hong Kong residents, possess a Hong Kong ID card, and have a household income exceeding HK$15,000 per month. If the employer’s income falls below this threshold, they must provide proof of assets totaling at least HK$180,000. Employers must notify the Immigration Department if their household income drops below HK$15,000, which may result in the termination of the helper’s contract.

Domestic Helper Eligibility

The foreign domestic helper visa scheme excludes Mainland Chinese residents, as well as nationals of Macao, Taiwan, Afghanistan, Cuba, Laos, North Korea, Nepal, and Vietnam. While Hong Kong itself does not impose age or gender restrictions for domestic helpers, the workers’ home countries may have their own criteria. For instance, Filipino nationals must be at least 23 years old to qualify for overseas domestic work.

Helpers’ Salary and Food Allowance

The standard minimum wage in Hong Kong does not apply to foreign domestic helpers. Instead, they are subject to a separate minimum wage, known as the Minimum Allowable Wage (MAW), which is currently set at HK$4,990 per month. Employers are also required to provide their helpers with either free food or a monthly food allowance of no less than HK$1,236. The Labour Department reviews the MAW and food allowance annually in September. To prevent salary disputes, employers are advised to help their domestic helper open a bank account and transfer the monthly salary via bank deposit, ensuring clear payment records for both parties.

Working Hours

The Hong Kong government does not specify standard working hours for domestic helpers, nor is there an official overtime pay policy. If you occasionally require overnight work, it’s advisable to schedule rest periods during the day to ensure the helper can work effectively and maintain their well-being.

Accommodation

While some families might have a live-out domestic helper, this arrangement is illegal in Hong Kong. Domestic helpers must live with their employers by law. Both the employer and the helper can face legal penalties for violating this rule, with a maximum fine of HK$150,000 and up to 14 years in prison.

Legal Consequences of Having a Live-Out Domestic Helper

Both employers and helpers risk serious legal consequences if they do not comply with the live-in requirement. It’s crucial to adhere to this rule to avoid heavy fines and imprisonment.

Restrictions on Domestic Helper Duties

The Standard Employment Contract stipulates that domestic helpers are only allowed to work at the address listed in the contract. They are not permitted to take on part-time jobs or work at other locations, such as an employer’s office or a relative’s home. If you need part-time help, you must hire a local resident.

Special regulations also apply to cleaning the exteriors of windows in high-rise buildings due to safety concerns. Furthermore, the domestic helper’s visa does not allow driving unless it’s part of their domestic duties, in which case a special application must be made to the Immigration Department. The helper must hold a valid Hong Kong driving license to be eligible for this arrangement.

Ways to Hire a Domestic Helper

Hiring a domestic helper involves trust and reliability, as the person will be responsible for your household and potentially your children. There are two main options for hiring: direct hire or through an employment agency.

Direct Hire

Direct hire allows the employer to find a domestic helper independently, often through personal recommendations, and use an agency only for visa processing. This method provides more autonomy in selecting a candidate and ensures an ethical hiring process. It’s recommended to handle the hiring yourself and enlist an agency solely for the necessary paperwork, which increases the chances of finding the right match for your family.

Screening Domestic Helper Candidates

Whether you’re opting for direct hire or using an agency, it’s crucial to clearly define your needs before you start your search. Be prepared with thoughtful interview questions to ensure the candidate aligns with your household’s requirements.

Domestic Helper Agencies in Hong Kong

Employment agencies offer pre-screened candidates and handle all the paperwork, including visa processing. However, the pool of candidates may be limited, and their qualifications might differ from what the agency describes. Additionally, not all agencies adhere to ethical recruitment practices. Some charge helpers high placement fees or force them into loans to cover recruitment costs, violating the rule that helpers should only be charged 10% of their first-month salary. To avoid these pitfalls, you can use platforms like HelperChoice, which guarantees ethical recruitment and ensures helpers are not burdened with fees.

Choosing the Right Helper

Assess Your Needs

Take into account your family’s lifestyle, household size, and specific needs. Some employers believe Filipino helpers excel in childcare and English communication, while Indonesian helpers are often seen as more suited to elderly care and fluent in Cantonese. However, it’s best to prioritize a helper’s skills and experience over their nationality.

Conducting Interviews

The interview process is key in determining if a candidate is a good fit for your household. Ask specific questions related to their experience and daily duties. If you need help structuring the interview, you can find useful guides and sample questions online.

Check References

It’s important to ask candidates for reference letters from previous employers. These references provide insight into the helper’s work ethic, personality, and strengths. However, while references are valuable, your comfort level with the candidate is the most important factor.

Visa Application for Domestic Helpers

Once you’ve selected a helper, you’ll need to apply for her work visa. The visa process varies depending on whether the helper has completed her previous contract or had it terminated. As the employer, you are responsible for the visa application costs.

Visa Processing Steps

Employers must submit a work visa application along with the notarized employment contract to the Immigration Department. Be sure all necessary documents are included to avoid delays. The helper cannot begin working until the visa is officially issued, even if the contract date is earlier.

While Hong Kong Immigration allows direct visa applications, consulates for countries like the Philippines and Indonesia require that employment contracts be submitted by accredited agencies unless the helper is renewing a contract or has completed her previous one.

Hiring Costs

Employers must cover the domestic helper’s travel expenses from her home country to Hong Kong, including airfare and a daily food and travel allowance of HK$100. Additionally, employers need to pay their helper’s salary on a specified date and take out Employees’ Compensation Insurance.

Reimbursing Documentation Fees

Employers are responsible for reimbursing their helper for any upfront costs she incurred during the hiring process, such as:

• Mandatory insurance in her home country

• A medical check-up

• Notarization fees charged by her consulate

• Visa fees charged by Hong Kong Immigration

• Any government fees required for exiting her country

These obligations are outlined in Clause 8 of the Standard Employment Contract.

Helper Insurance

Employers are required by law to provide domestic helpers with free medical treatment during their employment. We highly recommend obtaining comprehensive helper insurance that meets the requirements of the Employees’ Compensation Ordinance.

Post-Hiring Considerations

Rest Days and Holidays

Domestic helpers are entitled to one 24-hour consecutive rest day each week. They must also follow the live-in rule during their rest days and cannot stay out overnight.

Helpers are entitled to statutory holidays, which cannot be replaced by payment. However, helpers who have worked for at least three months prior to the holiday are eligible for holiday pay.

Vacation Leave

Upon completing a two-year contract, domestic helpers are entitled to at least seven days of vacation in their home country. This leave is in addition to their annual leave.

Termination and Contract Renewal

If you choose to terminate your helper’s contract, you must provide one month’s notice, settle any outstanding payments, and notify Hong Kong Immigration. Your helper must leave Hong Kong within 14 days, and you are responsible for her return flight.

For contract renewal, the process is simple. You can have the new employment contract notarized at the Philippine or Indonesian Consulate without an agency. The helper then submits the required documents to Immigration, so it’s advisable to book an appointment online to avoid waiting.