| For both employer and helper |
| Q1.1 |
What are the rights and responsibilities regarding my
employment as a foreign domestic helper OR as an employer of a
foreign domestic helper? |
| A |
The basic rights and responsibilities regarding the employment of
foreign domestic helper are specified in the standard employment
contract (ID 407). In addition, the Employment Ordinance is also
applicable to employers and helpers alike. |
| Q1.2 |
Will there be any sanctions imposed on those helpers and
employers for breaching the terms and conditions specified in the
standard employment contract? |
A (please read in conjunction with Qs & As 1.1, 1.4, 1.5, 1.8 &
1.9 of the guide) |
- For applications relating to the employment of foreign
domestic helpers received by the Immigration Department on or
after 1 April 2003, both the helper and employer are required to
sign an undertaking to the Government. The undertaking
stipulates that they will strictly observe the condition of stay
as well as the wage level, live-in and accommodation
requirements.
- If a helper breaches the undertaking, he/she may not be
allowed to work in Hong Kong again. If an employer breaches the
undertaking, his/her future application to employ foreign
domestic helpers may also be refused.
- Moreover, if an employer or a helper commits offences under
the Employment Ordinance or the Immigration Ordinance, they are
also subject to criminal prosecution.
|
| For employer |
| Q1.3 |
What should I do upon my helper's arrival to commence work? |
| A |
- You should pay your helper the daily food and travelling
allowance, of the amount specified in the employment contract,
for his/her journey to Hong Kong. You should also reimburse
him/her the cost of preparing all necessary documents. See
Chapter 2.
- You are advised to explain to your helper the duties you
expect him/her to perform. Such duties must be domestic duties
as specified in the "Schedule of Accommodation and Domestic
Duties"* of the employment contract.
- You should fix a date on which you will pay wages to your
helper. See Chapter 3.
- You should appoint rest days for your helper. See Chapter 4.
- You should agree with your helper whether food will be
provided during employment. If it is provided, it must be free
of charge. If no food is provided, a food allowance of the
amount specified in the employment contract should be given to
the helper each month.
- You should take out employees' compensation insurance
against your liabilities for your helper's injuries at work.
This is a requirement under the Employees' Compensation
Ordinance. Failure to do so is an offence in law, punishable by
a fine and imprisonment.
|
| Q1.4 |
Can I concurrently enter into another employment contract
with my helper? |
| A |
No. The standard employment contract (ID 407) is the only
official employment contract for all foreign domestic helpers in
Hong Kong. Any other employment contract entered between the
employer and the helper is not enforceable in Hong Kong. |
| Q1.5 |
Can I ask my helper to work for another person or take up
non-domestic duties? |
| A |
No. It is an offence under the Immigration Ordinance to ask your
helper to work for another person other than the employer named in
his/her visa or to ask him/her to perform non-domestic duties.
Employers found to have breached the Immigration Ordinance may face
prosecution. |
| For helper |
| Q1.6 |
What should I do when I start working for my employer? |
| A |
- To facilitate reimbursement of costs of documentation by
your employer, you should produce receipts for all relevant
expenses incurred in preparing the documents.
- You are advised to ask your employer to explain your duties
and get a clear idea of what your employer expects of you. You
shall perform domestic duties as specified in the "Schedule of
Accommodation and Domestic Duties"* of your employment contract.
|
| Q1.7 |
Can I live away from my employer's home? |
| A |
No. You should work and reside in your employer's residence in
accordance with Clause 3 of the standard employment contract. Your
employer is required to provide you with free accommodation as per
the standard specified in the "Schedule of Accommodation and
Domestic Duties" of the employment contract.
(For those live-out arrangements which have been approved by
the Director of Immigration before 1 April 2003, the helper is
allowed to reside in places other than the employer's residence
provided that the employer continues to employ foreign domestic
helper without a break of more than 6 months.)
|
| Q1.8 |
Can I take up part-time employment with my employer's consent? |
| A |
No. It is an offence under the Immigration Ordinance for you to
take up any employment with any person other than your employer
named in your visa. You will be liable to prosecution and removal
for breaching the conditions of stay. If you are so removed, you
will not normally be allowed to come to Hong Kong again to work as a
helper. |
| Q1.9 |
What should I do if my employer deploys me to work for another
person or take up non-domestic duties ? |
| A |
You should report the matter to the Investigation Division of the
Immigration Department. |
* The standard employment contract was revised to include a
"Schedule of Accommodation and Domestic Duties" which specifies the
standard of accommodation and details of domestic duties performed
by the helper.¡@
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