Question 1

Q1. Can an employer concurrently enter into another employment contract with his/her FDH?What is the duration for each Standard Employment Contract?

Accepted Answer

No. The Standard Employment Contract (ID 407) is the only official employment contract for all FDHs in Hong Kong. Any other employment contract entered between an employer and his/her FDH is not enforceable in Hong Kong. Each Standard Employment Contract is effective for two years.

Question 2

Q2. What is the prevailing Minimun Allowable Wage (MAW) for entering into a new Standard Employment Contract with an FDH?

Accepted Answer

With effect from 30 September 2025, the MAW for FDHs is $5,100 per month, which is applicable to all employment contracts signed on or after 30 September 2025. All FDHs should be paid at a wage rate as stipulated in the Standard Employment Contract. An employer should not unilaterally impose or mutually reach a private agreement with his/her FDH on a lower wage rate. Underpaying an FDH or making false representation on wages of an FDH is liable to prosecution and imprisonment.

Question 3

Q3. Can an FDH reside in places other than the employer's residential address specified in the Standard Employment Contract?

Accepted Answer

No. Under Clause 3 of the Standard Employment Contract, an FDH should work and reside in his/her employer’s residence specified in the contract during the employment period in Hong Kong. Employers should provide FDHs with suitable accommodation with reasonable privacy. Examples of unsuitable accommodation arrangements include: arranging FDHs to sleep on made-do beds in the corridor with little privacy, or to share a room with an adult/teenager of the opposite sex.

Question 4

Q4. What kinds of leave are FDHs entitled to under the Employment Ordinance and the Standard Employment Contract?

Accepted Answer

Under Clause 6 of the Standard Employment Contract, FDHs are entitled to the following leaves as specified in the Employment Ordinance:Rest days;Statutory holidays; andPaid annual leave.Besides, Clause 13 of the Standard Employment Contract stipulates that if an FDH and his/her employer agree to renew a contract, the FDH should, before the new contract commences, return to his/her place of origin at the expense of the employer for a paid/unpaid vacation of not less than 7 days (unless prior approval for extension of stay in Hong Kong is given by the Director of Immigration).Employers should keep FDHs’ leave and payment records properly to avoid future disputes.

Question 5

Q5. Under what circumstances is an FDH entitled to paid maternity leave? How is maternity leave pay calculated?

Accepted Answer

A female FDH is eligible for 14 consecutive weeks of paid maternity leave if she:has been employed for a period of not less than 40 weeks immediately before the commencement of scheduled maternity leave;has given notice of pregnancy and her intention to take maternity leave to her employer after the pregnancy has been confirmed, for example, by presenting a medical certificate confirming her pregnancy to the employer; andhas produced a medical certificate specifying the expected date of confinement, if so required by the employer.The daily rate of maternity leave pay is a sum equivalent to four-fifths of the average daily wages of an FDH. Note 1 to know more about maternity leave.An employer, after payment of all maternity leave pay on the normal pay day, may apply to the Government for reimbursement of the 11th to 14th weeks’ maternity leave pay payable and paid under the Employment Ordinance. For details, please visit the webpage of the Reimbursement of Maternity Leave Pay Scheme.Note 1: The Employment Ordinance, Cap. 57 H. Maternity Leave

Question 6

Q6. If an FDH damages his/her employer's goods, can the employer deduct his/her wages as compensation?

Accepted Answer

An employer can deduct his/her FDH’s wages for damage to or loss of goods, equipment or property caused by the FDH’s neglect or default. In any one case, the sum to be deducted should be equivalent to the value of the damage or loss, but not exceeding HK$300. The total amount of such deductions should not exceed one quarter of the wages payable to the FDH in that wage period.

Question 7

Q7. How should employers and FDHs handle work injuries?

Accepted Answer

If an FDH sustains an injury or dies as a result of an accident arising out of and in the course of employment, his/her employer is in general liable to pay compensation under the Employees’ Compensation Ordinance. An injured FDH should notify his/her employer of the accident as soon as possible, and an employer must report the accident to the Commissioner for Labour within 14 days (or 7 days in the case of fatal accidents) after the accident. An FDH who suffers incapacity arising from an occupational disease specified in the Employees’ Compensation Ordinance is entitled to the same compensation and protection.An employer is liable to pay compensation to his/her FDH who sustained injuries at work. Note 2 to know more about work injuries.Note 2:Employees' Compensation Ordinance, Chapter 282

Question 8

Q8. How can an employer and an FDH terminate thier Standard Employment Contract beforeit expires?

Accepted Answer

Under Clause 10 of the Standard Employment Contract, an employer and his/her FDH may terminate their contract before its expiry by giving one month's notice in writing or by paying one month's wages in lieu of notice to the other party.The employer and the FDH are each required to submit a written notice to the Director of Immigration within seven days of the date of contract termination, together with a copy of the other party's written acknowledgement of the termination. They may choose to complete the Immigration Department's “Notification of Termination of Employment Contract with Foreign Domestic Helper” (ID 407E).The employer should pay any outstanding wages and contractual payments due to the FDH, preferably by bank transfer, so as to obtain a record of payment. An employer who fails to pay the statutory benefits and other payments due to his/her FDH in accordance with the Employment Ordinance and the Standard Employment Contract commits an offence.The Employment Ordinance also provides for the special circumstances under which a contract may be terminated without notice or payment in lieu of notice, as well as the circumstances under which dismissal is not allowed. Please refer to Q9 and Q10 for details.

Question 9

Q9. Under what circumstances may an employer or an FDH terminate the Standard Employment Contract without notice or payment in lieu of notice?

Accepted Answer

An employer may summarily dismiss his/her FDH without notice or payment in lieu of notice if the FDH, in relation to his/her employment:willfully disobeys a lawful and reasonable order;misconducts himself/herself;is guilty of fraud or dishonesty; oris habitually neglectful in his/her duties.Summary dismissal is a serious disciplinary action. It only applies to cases where an FDH has committed very serious misconduct or failed to improve after repeated warnings.An FDH may terminate his/her Standard Employment Contract without notice or payment in lieu of notice if he/she:reasonably fears physical danger by violence or disease;is subjected to ill-treatment by his/her employer; orhas been employed by his/her employer for not less than five years and is certified by a registered medical practitioner or a registered Chinese medicine practitioner as being permanently unfit for the type of work he/she is being engaged.Termination of employment without notice or payment in lieu of notice should be considered only under very special circumstances, and must be supported by sufficient justifications. Otherwise, claims from the other party will very likely be faced.

Question 10

Q10. What are the restrictions for employers on termination of the Standard Employment Contract?

Accepted Answer

An employer should not dismiss his/her FDH under the following circumstances / for the following reasons:the FDH has been confirmed pregnant and has served a notice of pregnancy to her employer;the FDH is on paid sick leave,dismissal by reason of his/her giving of evidence or information in any proceedings or inquiry in connection with the enforcement of the Employment Ordinance or work accidents;dismissal for trade union membership or activities; orbefore entering into an agreement with an FDH who is injured at work for employee’s compensation, or before the issue of a certificate of assessment.An employer dismissing an FDH under the above circumstances / for the above reasons commits an offence and is liable to prosecution and a maximum fine of $100,000 upon conviction.

Question 11

Q11. What items of payment is an employer liable to pay to an FDH upon termination of the Standard Employment Contract?

Accepted Answer

FDHs enjoy the same protection as local employees under the Employment Ordinance. They are further entitled to the rights and benefits specified in the Standard Employment Contract.An employer who intends to terminate the employment contract with an FDH is required to give him/her one month's prior notice in writing or one month's wages in lieu of notice, as well as other termination payments, which usually include:outstanding wages;payment in lieu of any untaken annual leave, and any pro-rata annual leave pay for the current leave year (please refer to Q12 for details);severance payment or long service payment (where appropriate, please refer to Q13 and Q14 for details); andany other sum due to the FDH specified under the Standard Employment Contract, for example, return passage to the place of origin, food and travelling allowances, etc.The Labour Department has prepared a sample receipt for employers to check the items payable to FDHs in the case of contract termination. FDHs and employers can also make use of the statutory employment entitlements reference calculator to calculate the relevant payment amount.

Question 12

Q12. How is annual leave pay calculated when an employer terminates the Standard Employment Contract of an FDH?

Accepted Answer

An FDH is entitled to paid annual leave after serving 12 months with the same employer. The number of paid annual leave days increases progressively from 7 days to 14 days according to his/her length of service.Upon termination of the Standard Employment Contract, an employer should give his/her FDH payment in lieu of any untaken annual leave. An FDH with 3 but less than 12 months' service in a leave year (i.e. every 12 months after the commencement of employment) is also entitled to pro-rata annual leave pay. Note 3 to know more about paid annual leave.Note 3:The Employment Ordinance, Cap. 57 F. Annual Leave

Question 13

Q13. Under what circumstances should an employer pay severance payment or long service payment to his/her FDH if he/she terminates the FDH's Standard Employment Contract?

Accepted Answer

An employer should pay severance payment to his/her FDH if the FDH has been employed continuously for not less than 24 months and is dismissed, or his/her contract is not renewed* by reason of redundancy.An employer should pay long service payment to his/her FDH if the FDH has been employed continuously for not less than 5 years and is dismissed, or his/her contract is not renewed* by reason other than serious misconduct or redundancy.* If an employer has, not less than 7 days before the date of contract termination/expiry, offered in writing to renew the employment contract or re-engage his/her FDH under a new contract, but the FDH unreasonably refuses, the FDH is not entitled to severance payment or long service payment.An FDH is only entitled to either severance payment or long service payment at any one time. Note 4 to know more about severance payment and long service payment.Note 4:The Employment Ordinance, Cap. 57M. Severance Payment and Long Service Payment

Question 14

Q14. How are severance pay or long-service fees for domestic helpers calculated?

Accepted Answer

Severance payment and long service payment are calculated as follows:(monthly wages x 2/3) x reckonable years of services** service of an incomplete year should be calculated on a pro-rata basis.

Question 15

Q15. How can employers and FDHs seek advice or assitance on matters relating to the Standard Employment Contract or the Employment Ordinance?

Accepted Answer

The branch offices of the Labour Relations Division of the Labour Department provide consultation service to assist employers and FDHs in understanding their employment entitlements. The division also provides free conciliation service to resolve claims under the Employment Ordinance or employment contracts. If conciliation is unsuccessful, the Labour Department will, at the request of the parties concerned and depending on the amount of the claims, refer the case to the Minor Employment Claims Adjudication Board or the Labour Tribunal for adjudication.Information on the Employment Ordinance can also be obtained through the Labour Department’s website (https://www.labour.gov.hk/eng/faq/content.htm) and hotlines (2717 1771/ 2157 9537).

Question 16

Q16. How can an employer or an FDH find out whether an employment agency is reliable? Where can they obtain more information?

Accepted Answer

The Labour Department has set up an Employment Agencies Portal (EA Portal)(www.eaa.labour.gov.hk) to provide job seekers (including FDHs) and employers with convenient access to information relating to the regulation of employment agencies. The Portal also allows the public to check if an employment agency holds a valid licence. To enhance transparency of the track records of employment agencies, and to facilitate job-seekers and employers in making informed decisions when engaging employment agency services, the Labour Department publishes on the EA Portal in a systematic manner the records of conviction of overcharging and unlicensed operation, revocation/refusal of licence renewal and written warnings issued to employment agencies. Furthermore, online forms are available on both the FDH Portal and the EA Portal to facilitate employers and FDHs in making enquiries and lodging complaints on matters relating to their employment rights and employment agencies.

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