Employees (domestic helpers) : As a domestic helper in Hong Kong, you are entitled to certain legal rights and protections. Here is a guide to help you understand your rights and responsibilities as a domestic helper in Hong Kong :
Employers : As an employer of a domestic helper in Hong Kong, you are responsible to provide your employee with certain rights that are listed according to the guidelines below :
Employment Contract
Your employer is required to provide you with a written employment contract before you start working. The contract should include your job duties, salary, working hours, rest days, and other terms and conditions of employment. You should read the contract carefully before signing it and keep a copy for your records.
Work Permit
As a foreign domestic worker in Hong Kong, you are required to have a valid work permit. Your employer is responsible for obtaining and renewing your work permit. You should also make sure that your work permit is valid at all times.
Minimum Salary of 4,730HKD + 1196HKD Food Allowance :
Your employer is required to pay you at least the minimum salary and food allowance specified by the Hong Kong Labour Department. As of 1 October 2022, the minimum monthly salary for domestic helpers in Hong Kong is 4730HKDplus a food allowance of 1196HKD (If no meals are given to you by your employer). Your employer should pay your salary on time and in full.
Rest Requirements
Your employer is required to provide you with a rest day every week, which should be at least 24 consecutive hours. You should also be given at least 8 hours of rest between each workday. Your employer should not require you to work more than 12 hours a day or more than 6 consecutive days without a rest day.
Holidays and Leaves
In Hong Kong, foreign domestic helpers are entitled to leaves under the Employment Ordinance, including:
Rest Days
Statutory Holidays
Paid Annual Leave
A domestic worker is entitled to a paid annual leave after every 12 months with the same employer. The first 2 years, the number of holidays are 7, after which one more day is added, with the maximum days capped at 14.
Vacation Leave
At the end of each contract, the employer must provide a vacation leave of minimum 7 days on top of the annual leave while the helper waits for a new visa.
Accommodation
Living Accommodations: Per Hong Kong Law, the domestic helper should be provided with a suitable accommodation within the area of an employers' residence (Live-out is NOTallowed). Basic Facilities: Basic facilities and items such as access to a bathroom, a good bed and blankets, and wardrobes should be given to the helper. Clean water and proper lighting are also a must. Always treat your domestic worker with respect as they are your employee!
Health Insurance
The employer is required to pay for the health insurance of their domestic helper as it is required by Hong Kong law.
Termination
Your employer cannot terminate your employment without a valid reason, and must give you notice or pay you compensation in lieu of notice. Similarly, you cannot terminate your employment without a valid reason, and must give your employer notice or pay compensation in lieu of notice.
Abuse and Exploitation is not allowed
You have the right to be treated with dignity and respect, and your employer cannot physically or mentally abuse you. Your employer should also not exploit you by making you work in dangerous or unhealthy conditions, or forcing you to work without adequate rest or compensation. similarly, you should treat your employer with dignity and respect, and maintain a good relationship with your employer.
Legal Assistance:
If you face any issues or disputes with your employer, you can seek legal assistance from the Labour Department, the Centre for Domestic Employees, or other relevant organizations.
In summary, as a domestic helper in Hong Kong, you are entitled to fair treatment and certain legal rights and protections. It is important to understand your rights and responsibilities, and to communicate with your employer if you have any concerns or issues. Or in serious cases, report to Labour Department, Immigration Office or the police.