A. Conditions of Application

(1) The Employer is financially capable of employing a Helper. In general, for every Helper to be employed, the employer must have a household income of no less than HK$15,000 per month or asset of comparable amount to support the employment of a Helper for the whole contractual period ;
(2) the Helper and the employer shall enter into a standard Employment Contract (ID 407) ;
(3) the Helper shall only perform domestic duties for the employer as specified in the standard Employment Contract (ID 407) ;
(4) the Helper shall not take up any employment with any other person during his/her stay in Hong Kong ;
(5) the employer will pay the Helper a salary that is no less than the minimum allowable wage as announced by the HKSAR Government. If no food is provided to the Helper, the agreed amount of food allowance should not be less than HK$1121 per month ;
(6) the Helper shall work and reside in the contractual address only ;
(7) the employer shall provide the Helper with suitable accommodation and with reasonable privacy ;
(8) the bona fides of the employer and the Helper are not in doubt ;
(9) there is no known record to the detriment of the employer and the Helper; and ;
(10) the employer is a bona fide Hong Kong resident。

B. Documents Required

(1) Employer’s HKID card copy
(2) Employer’s financial proof copy
***The reason for delay in visa release is always because the employers fail to provide proper and adequate financial proof***

• An Assessment Demand Note issued by Inland Revenue Department for the current or last fiscal year (Page 1 & 2), showing an annual income HK$180,000 or above (please do NOT provide Tax Returns filed by you or your employer); or
• The last 3 months bank auto pay wage records; or
• Letter of Employment from a company with the evidence of payroll for at least 6 months and the monthly salary should be HK$15,000 or above. If being employed for over one year, an Assessment Demand Note must be provided; or
• An evidence within the past 6 months showing a saving or fixed deposit of HK$350,000 or above; or
• A letter from bank showing asset balances amounted to $ $350,000 or above in the last 6 months.(Note: If the finance proof for application includes spouse’s income, a copy of Marriage Certificate and spouse’s identity card must be provided)

• Financial proof, mobile bills or letters from banks are NOT accepted
• Please provide proper address proof if employers reside in villages or small houses
• If the employer fails to provide valid proof of residence, he/she may submit the ones for his/her spouse or child with a proof of relationship, such as birth certificates or marriage certificates and copies of ID cards
• Public housing tenants should provide housing living permit and a floor plan of the helper’s room
• Tenants should provide a tenancy agreement and his/her landlord’s proof of residence

C. Budget of Expenditure

D. Retraining Levy

This levy has been abolished after the expiry of the suspension of its collection on 1 August 2013.

E. Helper’s Wage

The Minimum Allowable Wage for Helpers is : HK $4,630 per month (effective from 28 September 2019)

Underpayment of wage is an offense.

F. Arrangements of Food and Accommodation

(1) Helpers generally come from tropical countries, they usually do not have clothes for winter and they are lack of daily necessities.
(2) Employers should provide Helpers with free breakfast, lunch and dinner, or pay food allowance in lieu of free meals. (not less than HK$1121 per month, effective from 28 September 2019)
(3) Employers must provide free accommodation for Helpers. The accommodation address must be consistent with that as prescribed in Standard Employment Contract ID407.
(4) The scope of duties and place of work for Helpers are limited to that as prescribed in Standard Employment Contract ID407, otherwise it is an offence.

G. Termination of Contract

(1) If Employer or Helper intends to terminate the contract, they should provide one month notice or one month wage in lieu of notice.
(2) According to the labour ordinance, even the Helper requests for termination of contract or commits serious misconduct, the Employer is required to pay any outstanding wages, holiday compensations as well as the air-ticket fare and transportation allowance for the Helper returning to her home country.
(3) Within 7 days of the termination date of contract, Employer is required to inform Immigration Department in the form of a written notice. Notification of Termination of an Employment Contract (ID407E) can be faxed to Immigration Department directly. (Fax no. : 2157 9181)

H. Rest Days

Rest days are not compulsorily arranged on Sundays, but Employers should give Helpers 4 rest days per month, 1 rest day per week.

Rest days are not compulsorily arranged on Sundays, but Employers should give Helpers 4 rest days per month, 1 rest day per week.

Upon the completion of employment for 3 months, Helpers are entitled to the following statutory holidays, total 12 days per year

(1) the first day of January
(2) Lunar New Year's Day
(3) the second day of Lunar New Year
(4) the third day of Lunar New Year
(5) Ching Ming Festival
(6) Labour Day, being the first day of May
(7) Tuen Ng Festival
(8) Hong Kong Special Administrative Region Establishment Day, being the first day of July
(9) the day following the Chinese Mid-Autumn Festival
(10) Chung Yeung Festival
(11) National Day, being the first day of October
(12) Chinese Winter Solstice Festival or Christmas Day (at the option of the employer)

J. Annual Leaves

After serving the Employer for 1 year, the Helper is entitled to 7 days' annual leave with pay.

K. Long Service Payment

The Helper is eligible for long service payment if employed under a continuous contract for not less than 5 years.

Formula : Monthly Wage × 2/3 × Years of Service

Disclaimer

The information provided on this website is for reference only and does not constitute any legal advice, guidelines or statements.

For more details and information, please visit the following websites :

Labour Department:
http://www.labour.gov.hk/tc/faq/content.htm

"Practical Guide for Employment of Foreign Domestic Helpers - What foreign domestic helpers and their employers should know":
http://www.labour.gov.hk/tc/public/pdf/wcp/FDHguide.pdf (Sep 2013)

Quick Guide for the Employment of Domestic Helpers from Abroad [ ID(C)989 ] :
http://www.immd.gov.hk/tc/forms/forms/id-e-989.html

Guidebook for the Employment of Domestic Helpers from Abroad [ ID(C)969 ] :
http://www.immd.gov.hk/tc/forms/forms/id-e-969.html