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Briefing on theEmployment Ordinance andOther Points-to-note forForeign Domestic HelpersWorking in Hong KongLabour Department6/20221
Outlines of Briefing Standard Employment ContractEmployment AgencyPayment of WagesRest Days, Holidays and LeaveSickness Allowance, Maternity Protectionand Paternity LeaveTermination of Employment ContractLabour Disputes and Work InjuriesImportant AdviceFurther Information2
Rights and Benefits ofForeign Domestic Helpers The Hong Kong Special AdministrativeRegion (HKSAR) Government is firmlycommitted to protecting the rights andbenefits of all foreign domestic helpers(FDHs) working in Hong Kong.3
Standard Employment Contract4
Standard Employment Contract The only piece ofdocument recognizedby the HKSARGovernment foremploying FDHs. Specifies the termsand conditions ofemployment of FDHsin Hong Kong.5
Standard Employment ContractUnder the Standard Employment Contract, you areentitled to Minimum Allowable Wage (Employers must pay theirFDHs not less than the prevailing Minimum AllowableWage at the time of signing the contract.)Free food, or food allowance in lieuFree accommodation with reasonable privacy at theemployer’s residence (Examples of unsuitableaccommodation: sleeping on made-do beds in thecorridor with little privacy, sharing a room with anadult/teenager of the opposite sex, etc.)6
Standard Employment ContractUnder the Standard Employment Contract, you are entitled to Free medical treatment for illness or personal injurysuffered during the period of employment (except for theperiod during which the FDH leaves Hong Kong of his/herown volition and for his/her own personal purposes),including medical consultation, maintenance in hospital andemergency dental treatment.Free passage from your place of origin to Hong Kong and ontermination or expiry of your contract, free return passage tohis/her place of origin, with daily food and travellingallowance of 100 provided.Reimbursement of expenses for obtaining all necessarydocuments such as medical examination fees, authenticationfees by the relevant Consulate, visa fees, insurance fees,administrations fees or fees such as the Philippines OverseasEmployment Administration fee, or other fees of similarnature imposed by the relevant government authorities.7
Standard Employment ContractA clause on cleaning outwardfacing windows The window being cleanedis fitted with a grille whichis locked or secured in amanner that prevents thegrille from being opened;AND No part of the FDH’s bodyextends beyond the windowledge except the arms.8
Standard Employment ContractPoints to note for Standard Employment Contract Make sure that you understand the contents of theStandard Employment Contract before signing. Keep the original copy of your signed StandardEmployment Contract. Must NOT provide any false information (includingyour wages and employment address) in your StandardEmployment Contract or else you may be liable forcriminal offence for doing so.9
Employment Agency10
Employment Agency You should not pay the employment agency,other than the prescribed commission, anyexpenses or fees such as registration fees,reservations fees and photocopying fees, etc. You should not pay the employment agencythrough a third party or by borrowing moneyfrom any financial services companies, evenrequested or suggested by the employmentagency.The Employment Ordinance should remain the sole authority for the provisions explained.11
Employment Agency The maximum commission an employmentagency may receive from each job seeker is anamount not exceeding 10% of his/her firstmonth’s wages received after he/she has beensuccessfully placed by the employment agency. Contravention of the relevant law is an offenceand shall be liable on conviction to a maximumpenalty of a fine of HK 350,000 and toimprisonment for three years.The Employment Ordinance should remain the sole authority for the provisions explained.12
Code of Practice for EmploymentAgencies (CoP)The CoP was promulgated to enhance protection ofjob-seekers. All employment agencies must: Draw up service agreement with job-seekers Provide payment receipts to job-seekers Return the original signed Standard EmploymentContract to job-seekers Provide job-seekers with a sample Standard EmploymentContract in their mother language Brief job-seekers of their rights and obligations as well asprovide them with reference materials Avoid involvement in financial affairs of job-seekers Not withhold job-seekers’ passports or personalidentification documents13
Employment Agencies Portal Access to information onengaging employment agencies(EAs) in Tagalog, Indonesian andThai etc.Check if an EA has a validlicence in Hong Kong.Shortlist EAs by different searchcriteria such as district andplacement type.Obtain useful reference materialsand publications, including theCode of Practice for EAs, pressreleases related to conviction ofEAs, revocation or refusal ofrenewal of EA licences, etc.www.eaa.labour.gov.hk14
Employment Agencies Portal –Online Complaint Form You may file complaint againstEAs on unlicensed operation,overcharging commission ornon-compliance of the Code ofPractice for EAs via the OnlineComplaint Form at the EAPortalOnline Complaint Form15
Payment of Wages16
Form of Payment Wages can be paid in the form of ChequeAuto-paymentCash The Employment Ordinance should remain the sole authority for the provisions explained.17
Timing of Payment Wages shall become due on the expiry ofthe last day of the wage period, and shouldbe paid not later than 7 days after the endof the wage period.The Employment Ordinance should remain the sole authority for the provisions explained.18
Liability of Late Payment If the employer fails to pay the FDHwages within 7 days from the due date ofpayment, he/she is: required to pay interest on outstanding wagesliable to prosecution and, upon conviction, toa fine of HK 350,000 and to imprisonment forthree years. The Employment Ordinance should remain the sole authority for the provisions explained.19
Suspected Wage Underpayment If wages paid is less than that stipulated inthe employment contract: Checkwith the employer; Do not acknowledge receipt of wages whichhas not been paid; and In case of underpayment - report to LabourRelations Division of the Labour Department.The Employment Ordinance should remain the sole authority for the provisions explained.20
Deduction of Wages Lawful deductions:to damage to or loss of employer’sgoods or property because of the FDH’snegligence or default; Subject to a limit of HK 300 in any one case; Total deductions should not exceed onefourth of the wages in the wage period. DueThe Employment Ordinance should remain the sole authority for the provisions explained.21
Deduction of Wages Other lawful deductions: Absence from work notexceeding a sumproportionate to the period of absence; Recovery of advance or over-payment of wages(total sum should not exceed one-fourth of thewages in the wage period); Recovery of loan made to the FDH with theFDH’s written request; Deductions authorized under any enactment tobe made from the wages of the FDH.The Employment Ordinance should remain the sole authority for the provisions explained.22
Deduction of Wages Total deductions, excluding absence, made inany one wage period must not exceed 50% ofthe wages payable for that period. An employer who makes illegal deduction fromwages of an employee is liable to prosecutionand, upon conviction, to a fine of HK 100,000and to imprisonment for one year.The Employment Ordinance should remain the sole authority for the provisions explained.23
Rest Days, Holidays and Leaves24
Rest Days An FDH should have at least one rest day inevery period of 7 days. A rest day is a continuous period of not lessthan 24 hours. Rest days can be granted on regular orirregular basis.The Employment Ordinance should remain the sole authority for the provisions explained.25
Rest Days Employer must not compel an FDH to workon rest days, or he/she would be in breachof the law. An FDH may work voluntarily on his/herrest days.The Employment Ordinance should remain the sole authority for the provisions explained.26
Substituted Rest Days With the consent of the FDH, rest day canbe substituted on another day. Substituted rest day must be granted withinthe same month before the original rest dayor within 30 days after it.The Employment Ordinance should remain the sole authority for the provisions explained.27
Statutory Holidays All FDHs, irrespective of their length ofservices, are entitled to the followingstatutory holidays in a year:1. 1 January2. Lunar New Year (LNY)’s Day3. The second day of LNY4. The third day of LNY5. Ching Ming FestivalThe Employment Ordinance should remain the sole authority for the provisions explained.28
Statutory Holidays6.7.8.9.Labour Day (1 May)Tuen Ng FestivalHKSAR Establishment Day (1 July)The day following the Chinese Mid- AutumnFestival10. Chung Yeung Festival11. National Day (1 October)12. Chinese Winter Solstice Festival orChristmas DayThe Employment Ordinance should remain the sole authority for the provisions explained.29
Statutory HolidaysStarting from 2022, statutory holidays willfurther be increased progressively to 17 days.Year20222024202620282030Newly added statutory holidays13. The Birthday of the Buddha14. The first weekday after Christmas day15. Easter Monday16. Good Friday17. The day following Good FridayThe Employment Ordinance should remain the sole authority for the provisions explained.30
Statutory Holidays Employer should grant the FDH statutoryholidays regardless of how long he/she hasworked for the employer. If the FDH has been employed continuously bythe employer for 3 months or more prior to thestatutory holiday, he/she is entitled to holidaypay.The Employment Ordinance should remain the sole authority for the provisions explained.31
Alternative Statutory Holidays If an FDH has worked on a statutory holiday,the employer must give him/her alternativeholiday. An alternative holiday should begranted within 60 days before or after thestatutory holiday, and with not less than 48hours prior notice.Payment in lieu of granting a statutory holidayis not permitted.If a statutory holiday falls on a rest day, aholiday should be granted on the day followingthe rest day.The Employment Ordinance should remain the sole authority for the provisions explained.32
Annual Leave An FDH is entitled to paid annual leaveafter serving every period of 12 monthswith the same employer.The Employment Ordinance should remain the sole authority for the provisions explained.33
Annual LeaveYears of service1-23456789 oraboveNo. of days of paidannual leave7891011121314The Employment Ordinance should remain the sole authority for the provisions explained.34
Sickness Allowance,Maternity Protection andPaternity Leave35
Sickness Allowance An FDH is entitled to sickness allowance if : he/shehas accumulated sufficient numberof paid sickness days; the sick leave taken is not less than 4consecutive days; and the sick leave is supported by anappropriate medical certificate.The Employment Ordinance should remain the sole authority for the provisions explained.36
Sickness Allowance The way to accumulate paid sickness days :2 days for each month during the first 12months of employment.4 days for each month of service thereafter.Maximum number of days to beaccumulated : 120The Employment Ordinance should remain the sole authority for the provisions explained.37
Sickness Allowance The daily rate of sickness allowance is asum equivalent to four-fifths of the averagedaily wages of the FDH. It should be paid not later than the normalpay day.The Employment Ordinance should remain the sole authority for the provisions explained.38
Maternity ProtectionA female FDH is eligible for a continuous period of 14weeks’ paid maternity leave* if she : has been employed for not less than 40 weeksimmediately before the commencement ofscheduled maternity leave; hasgiven notice of pregnancy and her intention totake maternity leave to her employer after thepregnancy has been confirmed. For example, thepresentation of a medical certificate confirming herpregnancy to the employer; and has produced amedical certificate specifying theexpected date of confinement if so required by theemployer.*Female FDHs whose confinement occurs before 11 December 2020 are entitled to 10weeks’ paid maternity leave.The Employment Ordinance should remain the sole authority for the provisions explained.39
Maternity Protection The daily rate of maternity leave pay is asum equivalent to four-fifths of the averagedaily wages of the FDH. It should be paidnot later than the normal pay day.The Employment Ordinance should remain the sole authority for the provisions explained.40
Paternity Leave An eligible male FDH is entitled to 5 days’paternity leave for each confinement of hisspouse / partner if he fulfills otherrequirements as stipulated in the law.The Employment Ordinance should remain the sole authority for the provisions explained.41
Termination of EmploymentContract42
Termination of Employment Contract Either party may terminate the contractwith:month’s notice in writing; or One month’s payment in lieu of notice OneThe Employment Ordinance should remain the sole authority for the provisions explained.43
Termination of Employment Contract Termination payments may include : Outstandingwages ; Payment in lieu of notice, if any ; Payment in lieu of any untaken annual leave ; Long service payment / Severance payment,where appropriate ; Any other sum, e.g. free return passage, foodand traveling allowance etc.The Employment Ordinance should remain the sole authority for the provisions explained.44
Summary Dismissal Without Notice orPayment in lieu An employer may terminate the contractwithout notice or payment in lieu if the FDH: willfully disobeys a lawful and reasonable order; misconducts himself/herself; is guilty of fraud or dishonesty; or is habitually neglectful of his/her duties.The Employment Ordinance should remain the sole authority for the provisions explained.45
Resignation Without Notice orPayment in lieu An FDH may terminate the contract withoutnotice or payment in lieu to the employer ifhe/she: reasonably fears physical danger by violence ordisease; is subjected to ill-treatment by employer; or has been employed for not less than 5 years andis medically certified as being permanently unfitfor the type of work engaged.The Employment Ordinance should remain the sole authority for the provisions explained.46
Severance Payment An FDH is entitled to severance payment ifhe/she: hasnot less than 24 months of service with thesame employer prior to the termination; and isdismissed or the fixed term contract is notbeing renewed by reason of redundancy.The Employment Ordinance should remain the sole authority for the provisions explained.47
Long Service Payment A FDH is entitled to long service payment ifhe/she has worked continuously for not lessthan five years, and he/she: is dismissed or the fixed term contract is not beingrenewed by reason other than serious misconductor redundancy;dies while in employment;resigns on ground of ill health and able to produceappropriate medical certificate;resigns on ground of old age when he/she is 65. The Employment Ordinance should remain the sole authority for the provisions explained.48
Amount of Severance Payment or LongService Payment (Monthly wages x 2/3) x reckonable years ofservices Service of an incomplete year should becalculated on a pro-rata basisThe Employment Ordinance should remain the sole authority for the provisions explained.49
Statutory Restrictions on Termination ofEmployment Contract An employer shall not dismiss an FDH: who hasbeen confirmed pregnant and has served anotice of pregnancy; who is on paid sick leave; by reason of his/her giving of evidence orinformation due to the enforcement of relevantlabour legislation; for trade union membership and activities; before having entered into an agreement with theemployee for employee's compensation or beforethe issue of a certificate of assessment.The Employment Ordinance should remain the sole authority for the provisions explained.50
Statutory Restrictions on Termination ofEmployment Contract Offences and Penalties Anemployer dismissing an FDH under the abovecircumstances is liable to prosecution and, uponconviction, to a fine of 100,000.The Employment Ordinance should remain the sole authority for the provisions explained.51
Employment Protection An FDH may claim for remedies ofEmployment Protection against his / heremployer under the following situation : unreasonable dismissal(employed for not less than24 months); unreasonable variation of terms of the employmentcontract; or unreasonable and unlawful dismissalThe Employment Ordinance should remain the sole authority for the provisions explained.52
Employment Protection Remedies for Employment Protection include: ReinstatementRe-engagementTerminal paymentsCompensation (only applicable for the case ofunreasonable and unlawful dismissal) The Employment Ordinance should remain the sole authority for the provisions explained.53
Labour Disputes andWork Injuries54
Labour Dispute In case of dispute, you may approach the branchoffice of Labour Relations Division nearest to theplace of your employer’s residence for freeconsultation and conciliation services. For existence of claims under EmploymentOrdinance, if no settlement could be reachedthrough conciliation, the claims will be referred tothe Labour Tribunal or Minor Employment ClaimsAdjudication Board for adjudication.55
Employers Defaulting Payment ofan Award If an award of the Labour Tribunal or MinorEmployment Claims Adjudication Board provides forthe payment by an employer of any specifiedentitlements (such as wages and severance payment,etc.); andthe employer willfully and without reasonable excusefails to pay the award within 14 days after the date onwhich the sum is payable: the employer is liable to prosecution and, uponconviction, to a fine of HK 350,000 and toimprisonment for three yearsThe Employment Ordinance should remain the sole authority for the provisions explained.56
Employees’ Compensation Ordinance If an employee sustains an injury or dies as a resultof an accident arising out of and in the course ofhis employment, his or her employer is in generalliable to pay compensation under this Ordinanceeven if the employee might have committed acts offaults or negligence when the accident occurred. An injured employee should give the employernotice of the accident as soon as possible. Failureto give prompt notice may jeopardize and delay theclaim of employees’compensation.The Employees’ Compensation Ordinance should remain the sole authority for theprovisions explained.57
Employees’ Compensation Ordinance Major compensation items payable under theOrdinance include: Periodical payment Compensation for permanent incapacity (ifapplicable) Medical expenses No employer shall employ any employee in anyemployment unless there is in force a policy ofinsurance to cover their liabilities both under theOrdinance and at common law for injuries at work inrespect of all their employees, irrespective of the lengthof employment contract or working hours, full-time orpart-time employment.The Employees’ Compensation Ordinance should remain the sole authority for theprovisions explained.58
Practical Guide The above informationsets out only thehighlights of the majorstatutory andcontractual provisionswith which FDHs arecommonly concerned. For details ofemployment rights andbenefits, please refer tothe Practical Guide.59
Important Advice60
Important Advice – Live-in requirementand Restriction on Deployment You shall ONLY perform domestic dutiesfor your employer named on your visa andreside in the employer’s residence at theaddress stated on Clause 3 of the StandardEmployment Contract. You shouldemployment.nottakeuppart-time Illegal deployment of work is prohibited.61
Important Advice – No abuse the arrangement forpremature termination of contract Do NOT abuse the arrangement for premature termination of contract(job-hopping) The Immigration Department (ImmD) closely scrutinises visaapplications, including the number and reasons for premature contracttermination in the last 12 months If you are suspected of abusing the arrangement without justifiablereasons, your future applications for work as a foreign domestichelper in Hong Kong may be refused If suspected of job-hopping, you may be requested to providesupporting documents to ImmD, including but not limited to thefollowing previous standard employment contracts previous visa applications or visits to Hong Kong records on termination of employment (e.g., reference letters,resignation/termination letters, settlement forms signed withemployers, copy of air ticket received from employers) any other employment records received from employers (e.g.,wage records, holiday and leave records) You are advised to keep a copy of these documents62
Important Advice – Keeping of personalidentification documents and employment records Always keep your passport and HKID Cardyourself. No other person should keep youridentification documents for you. You should get into the habit of keepingemployment records, it will help safeguard youremployment rights. Examples of these recordsinclude wage records, holiday and sick leaverecords as well as records on termination ofemployment. Do NOT sign any documents if you do notunderstand or agree.63
Important Advice – Financial Management Manage your personal finances prudentlyand avoid taking out loans. Do NOT let employment agencies getinvolved in your financial affairs. Do NOT sign any financial documents ifyou do not understand or agree.64
Important Advice – Money Transaction Get to know the trustworthiness and reliabilityof the party whom you conduct the transactionwith beforehand; Conduct money transfers and onlinetransactions through reliable intermediaryplatforms; Cease the transaction if you have any doubt; Transaction should be ceased immediately andreporting to the police should be consideredonce you think you might be cheated in thetransaction.(Reference to the website of the Police: Online Business Fraudwww.police.gov.hk/ppp en/04 crime matters/tcd/tips 03.html)65
Important Advice – Useful Numbers If you encounter any physical abuse or yourpersonal safety is at risk, immediately callthe police emergency hotline 999. If you are illegally deployed to work in HKor in places outside HK regardless of withyour employer or another person, or takeup non-domestic duties, please call theImmigration Department hotline 2824 1551.66
Important Advice – Enquiries and complaintsFor enquiries and complaints regarding labourmatters, please seek advice from the LabourDepartment through: 24-hour telephone enquiry service:2157 9537 (Dedicated FDH Hotline) Foreign Domestic Helpers Portal:www.fdh.labour.gov.hk Branch offices of Labour Relations Division67
Important Advice – Handy InformationCard You should keep this card closely to yourself andreport illegal acts to the relevant departmentspromptly.68
Further Information69
Foreign Domestic Helpers Portalwww.fdh.labour.gov.hkThe portal providesinformation relating toemployment of FDHs in HongKong, including the policy onimportation of FDHs, as wellas the publication andpublicity materials on therights and obligations of FDHsand their employers under thelabour laws and the StandardEmployment Contract forhiring FDHs.70
Foreign Domestic Helpers Portal –Online Enquiry/Complaint Form You may complete the following online form to file anenquiry/complaint relating to your employment inHong Kong:Online Enquiry/ Complaint Form71
Other FDH Publications72
Thank You73
documents such as medical examination fees, authentication fees by the relevant Consulate, visa fees, insurance fees, administrations fees or fees such as the Philippines Overseas . The day following the Chinese Mid-Autumn Festival 10. Chung YeungFestival 11.National Day (1 October) 12. Chinese Winter Solstice Festival or
