Employer Requirements and FDH Rights in Hong Kong

Background

Employing a foreign domestic helper (FDH) in Hong Kong comes with a set of legal and financial responsibilities for the employer. The government has established specific criteria and protections to ensure that both employers and FDHs are treated fairly and that the employment relationship is conducted in a transparent and regulated manner. This post will outline the key requirements for employers and the rights and protections afforded to FDHs under Hong Kong law.

Key Insights

Financial and Asset Requirements

To employ an FDH, the employer must meet certain financial criteria. Specifically, the employer must have a household income of no less than $15,000 per month or assets of comparable value to support the employment of an FDH for the entire contractual period (https://www.fdh.labour.gov.hk/en/employer_corner.html). This ensures that the employer has the financial stability to meet the FDH’s needs and obligations.

Recruitment and Contractual Requirements

Employers can recruit an FDH through an agency or directly via personal advertisements or referrals. Regardless of the recruitment method, both the employer and the FDH must enter into a Standard Employment Contract (SEC) as specified by the Director of Immigration. This contract is essential for ensuring that both parties understand their rights and responsibilities. The employer must also apply to the Immigration Department for an employment visa for the FDH (https://www.fdh.labour.gov.hk/en/employer_corner.html).

Employment Benefits and Protections

FDHs are entitled to the same benefits and protections as local employees under the Employment Ordinance (EO) and the Employees’ Compensation Ordinance (ECO). These protections include:

Wage Payments: Employers must pay wages to their FDHs not less than once every month and no later than seven days after the end of the wage period. Payment methods can include cheque, bank transfer, or cash, but it is advised to use cheque or bank transfer to maintain a payment record (https://www.fdh.labour.gov.hk/en/employer_corner.html).
Rest Days and Leave: FDHs are entitled to rest days, statutory holidays, and paid annual leave. Employers should agree on leave arrangements with their FDHs and keep records to avoid future disputes (https://www.fdh.labour.gov.hk/en/employer_corner.html).
Maternity and Paternity Leave: Female FDHs are eligible for 14 weeks of maternity leave if they meet the requirements under the EO. The daily rate of maternity leave pay is four-fifths of the average daily wages, and employers can apply for reimbursement of the 11th to 14th weeks’ pay. Male FDHs are entitled to five days of paternity leave under similar conditions (https://www.fdh.labour.gov.hk/en/employer_corner.html).
Severance and Long Service Payment: Employers must pay severance payment if the FDH has been employed for at least 24 months and is dismissed due to redundancy. Long service payment is required if the FDH has been employed for at least 5 years and is dismissed for reasons other than serious misconduct or redundancy (https://www.fdh.labour.gov.hk/en/employer_corner.html).

Safety and Health

Employers are obligated to provide a safe working environment for FDHs and give them appropriate advice on personal safety. The SEC includes a clause on cleaning outward-facing windows to ensure the occupational safety of FDHs. Employers should also keep basic first aid items at home and inform their FDHs of the storage location and usage methods (https://www.fdh.labour.gov.hk/en/employer_corner.html).

Medical Treatment and Insurance

Employers must provide free medical treatment to FDHs during their employment period, including medical consultations, hospitalization, and emergency dental treatment. Employers are also required to take out employees’ compensation insurance to cover liabilities for work-related injuries (https://www.fdh.labour.gov.hk/en/employer_corner.html).

Minimum Allowable Wage (MAW) and Living Conditions

The current MAW for FDHs is $4,990 per month, applicable to all SECs signed on or after 28 September 2024. Employers must not agree to a lower wage rate. Employers must provide FDHs with free food or a food allowance of $1,236 per month. FDHs must live in the employer’s residence specified in the contract, including during rest days, statutory holidays, and paid annual leave (https://www.fdh.labour.gov.hk/en/employer_corner.html).

Termination and Return Passage

Upon completion or termination of the contract, employers must provide the FDH with a return passage to their place of domicile and clear all outstanding wages and other entitlements under the EO. Either party can terminate the contract by giving one month’s notice in writing or one month’s wages in lieu of notice (https://www.fdh.labour.gov.hk/en/employer_corner.html).

Conclusion

Employing a foreign domestic helper in Hong Kong involves a range of legal and financial responsibilities for the employer. These requirements are designed to ensure that FDHs are treated fairly and have the necessary protections and benefits. By adhering to the guidelines and regulations set forth by the government, employers can maintain a positive and compliant employment relationship with their FDHs. For more detailed information and resources, employers and FDHs can refer to the official government website (https://www.fdh.labour.gov.hk/en/employer_corner.html).