First-time, terminated or broken contracts

If you want to hire a domestic helper from the Philippines, the Filipino government requires that you use an agency if:

• It is the domestic helpers first time coming to Hong Kong

• If the domestic helper is currently outside of Hong Kong

• If the domestic helper has been terminated or will break their contract (even if they are already in Hong Kong). However, there are some special cases where you may still be able to process without any agency (see below).

Finished contracts or special cases

If the domestic worker is being released for one of the following reasons, you can process the visa yourself without an agency:

• Finished contract

• Their employer died

• Their employer relocated outside of Hong Kong

• Their employer entered a period of financial difficulty

• There was any form of abuse or exploitation by their last employer

The current minimum pay is HK$4,990 per month and went into effect on September 30th, 2024. All standard employment contracts signed on or after said date are subject to this minimum salary obligation. 

Additionally, employers are required to give FDHs free food under the Standard Employment Contract for recruiting FDHs. However, employers have the option to pay a food allowance in its place. The increase in the food allowance will be at least HK$1,236 per month. All FDH contracts signed on or after September 30th, 2024, will be subject to the revised level of food allowance 

It is advised that you give your helper his or her pay by check or by autopay. However, before paying using the aforementioned ways, you must obtain your helper's permission. You should pay their salary in cash if you can't get their permission.

You must keep track of all wages paid to your assistant, for example, by saving the relevant bank documents. Additionally, you should prepare receipts for any food allowances and wage payments. Then, you should ask your assistant to sign the documents to acknowledge receipt of the payment.

Verify the amount being paid to you is accurate before signing the employer's given receipt to show that you have received the payment. 

Employers and their employees have the right to unilaterally end the contract before it is finished by providing the other party with either written notice at least one month in advance or one month's pay in lieu of notice. 

Employers are required to make specific payments to their helper upon contract termination or contract completion under the Employment Ordinance and the standard employment contract. Employers who don't comply with this are in violation of the law.

According to the Employment Ordinance, both local employers and foreign domestic helpers are entitled to the protections outlined in the standard employment contract for foreign domestic helpers.

Employers must give their employees a written notice of intent to terminate the employment relationship at least one month in advance, or one month's pay in lieu of notice. They must also make specified termination payments, which consist of:

• Any unpaid salaries;

• Any pro rata annual leave compensation for the current leave year, as well as wages in place of any unused annual leaves;

• Pay in place of any unused paid time off;

• Compensation for long service or severance (if appropriate); and

• Any additional payment due to the assistant under the typical employment agreement, such as travelling expenses for returning home, food and transportation allowances.

When a helper has continuously worked for the same employer for at least 24 months and is being let go or does not have a contract renewed due to redundancy, the employer is required to give the helper a severance payment.

If a helper has continually worked for the same employer for at least five years and is being fired or having his or her contract not renewed for reasons other than redundancy or serious misconduct, the employer is required to give the helper a long service payment.

It should be noted that employers are not required to give their helper both long service payment and severance payment.

The following equation can be used to determine severance or long service payments:

(Monthly Salary x 2/3) x Reputable Years of Service)

*Service for a year that has not been completed should be calculated pro rata.

A helper is entitled to a paid yearly leave after working for the same employer for a full year. Depending on their years of service, the length of their paid yearly leave gradually grows from 7 days to a maximum of 14 days.

The employer is required to pay the helper for each full year of service upon termination or end of the employment contract in place of any unused annual leave. In addition, if a helper has been employed for three months but fewer than 12 months during a leave year (i.e., a period of 12 months following the helper's commencement of employment), the helper is entitled to annual leave pay on a pro rata basis.

Every seven days, you must provide your helper at least one day of rest. A continuous time of at least 24 hours is considered a rest day. You should schedule rest days, whether on a regular or irregular basis. You must inform your helper of the dates of his or her assigned rest days before the start of each month if rest days are given on an irregular basis.

No. Employers cannot make helpers work on their off days unless there are unexpected emergencies. You could face legal action if you make your helper work on their day off in violation of the employment ordinance. You could face a fine of up to HK$50,000 if found guilty.

If your helper agrees to this arrangement, you may however substitute another rest day for them. The replacement rest day must be scheduled either 30 days after the initial rest day or within the same month.

All foreign domestic helper, regardless of how long they have worked, can enjoy the following statutory holidays:

The first day of January

Lunar New Year’s Day

The second day of Lunar New Year

The third day of Lunar New Year

Ching Ming Festival

Labour Day (1 May)

The Birthday of the Buddha

Tuen Ng Festival

Hong Kong Special Administrative Region Establishment Day (1 July)

The day following the Chinese Mid-Autumn Festival

Chung Yeung Festival

National Day (1 October)

Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)

A statutory holiday cannot be given up in return for compensation from the employer. Employers that violate this clause without a good reason risk prosecution and a fine of up to HK$50,000 if found guilty.

When a helper has worked under the same employer for 12 months, he/she is entitled to a paid annual leave. The number of days for their paid annual leave increases incrementally from 7 days to at most 14 days depending on their years of service. One year added for every year of service after the completion of the helpers second year of employment.

For instance, after a helper has completed the 4th years’ service during the 2nd 2-year contract with his/her employer, he/she is entitled to 9 days of paid annual leave.

No. If there are rest days or statutory holidays falling within the period of an annual leave, they will be treated as annual leave. Employers are required to appoint another rest day of holiday for their helpers.

Employers must pay their helper's salaries at least once every month. Wages are due when the last day of the pay period expires. You must pay your helper's salary as soon as is practically possible. Payment should never be made more than 7 days after the end of the salary period, under any circumstances. You must inform your helper in advance and pay any unpaid wages if you wish to change the salary term or payment date.

For instance, if your assistance began working for you on March 1 and you want to adjust the start date of the pay period so that it starts on the 16th of each month, you should first settle the remaining balance of the 15 days' salary.

Yes. The employer is responsible for covering all medical costs for the helper in the event of illness or accident, regardless of whether it was brought on by the employment or work. This includes consultation fees, hospitalization costs, and costs for unanticipated dental needs. 

You can think about getting insurance that provides extensive coverage for medical and hospital charges in light of this necessity. You might also think about getting insurance that complies with the Employees' Compensation Ordinance's insurance criteria while also covering medical and hospital expenses. 

The employment contract stipulates that employees must consent to receiving medical care from any licensed physician that their employer recommends. It is essential that you and your helper come to an advance understanding regarding which medical professional should be contacted if your helper becomes ill or gets hurt.

According to the normal employment contract, you are required to cover your helper's travel costs for the return trip to his or her place of origin when the contract expires. Instead of providing your helper the comparable amount in cash, it is advisable that you give them an airline ticket that includes basic checked luggage. 

In order to provide both sides enough time to handle issues relating to contract fulfillment or termination, you may also confirm the departure arrangements (such as the departure date and destination) with your helper before buying the airline ticket.

This is based on how long it takes your worker to travel from Hong Kong to their home country. According to the work agreement, helpers are eligible for a daily food and travel allowance of HK$100 while returning to their home country. The number of travel days may increase and you may be required to pay a larger daily food and travel allowance as a result if you do not provide your helper with an air ticket that takes him or her the most direct route to his or her place of origin.

The Labour Relations Division of the Labour Department offers consultation services at their branch offices so that employers and helpers can understand their rights and obligations. Apart from this, the division also provides free conciliation services to help employers and helpers resolve disputes arising from the Employment Ordinance or employment contract.

If conciliation is unsuccessful, the Labour Department will, at the request of the party concerned, refer the claim to the Minor Employment Claims Adjudication Board or Labour Tribunal for adjudication.

Additionally, employers and helpers can visit the Labour Department’s website (http://www.labour.gov.hk) or call the Labour Department Telephone Enquiry Service (2717 1771) to obtain more information regarding the Employment Ordinance.