Frequently Asked Questions About Hiring Domestic Helpers in Hong Kong
Learn the legalese.
HIRING PROCEDURES
Q: Do I need to have a formal contract with a foreign domestic worker (FDW)?
A: Yes. You must enter into a two-year Standard Employment Contract (Form ID 407) with your worker and submit this contract to the Immigration Department in order for the working visa to be processed. This is a legally binding document that sets out the wages, accommodation and duty requirements between both parties.
Q: Can I extend a contract beyond two years?
A: No. You need to submit a fresh application to the Immigration Department, within eight weeks before the expiry of the current contract. Your FDW must return home, with air fares paid for by you, while a fresh visa is processed.
Q: I want to take on an FDW whose existing employers are leaving. How do I do this?
A: Workers’ visas are tied to a named employer and you cannot just take over someone else’s contract. The employee will need to return to their country of origin while a fresh visa processes. You may be able to postpone this home leave by one year if all parties are in agreement.
Q: What if either party wants to break the employment contract?
A: As with most contracts, either party can break it by giving one month’s notice (or one month’s pay in lieu). You must then inform the Immigration Department in writing within seven days. There are certain circumstances where, as an employer, you can terminate without notice, which includes if your worker breaks the law, commits misconduct, fraud or dishonesty, or habitually neglects her duties. However there must be documented evidence of such behavior, in case of follow up by the Labour Department.
Q: Can my FDW drive us around?
A: As outlined in the employment contract, domestic FDW duties are very specific, and do not include driving. If driving duties are to form part of the job description, a special application must be submitted to the Immigration Department.
