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.

With effect from 30 September 2023, the MAW for FDHs is $4,870 per month, which is applicable to all employment contracts signed on or after 30 September 2023. 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.

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.

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; and
• Paid 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.

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; and
• has 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. Click here 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.

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.

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. Click here to know more about work injuries.

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.

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:

1. willfully disobeys a lawful and reasonable order;
2. misconducts himself/herself;
3. is guilty of fraud or dishonesty; or
4. is 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:

1. reasonably fears physical danger by violence or disease;
2. is subjected to ill-treatment by his/her employer; or
3. has 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.

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; or
• before 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.

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); and
• any 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.

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. Click here to know more about paid annual leave.

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. Click here to know more about severance payment and long service payment.

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.

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).

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.

An FDH may be assigned to perform various domestic duties such as cooking, cleaning, taking care of children and elderly persons, etc. While domestic duties may look simple, there are potential occupational safety and health hazards such as musculoskeletal disorders due to improper postures or repetitive movements; electric shock accidents caused by inappropriate use of electrical appliances; and cuts, burns or scalds that can occur while working in the kitchen, etc. For more tips, please refer to the “Be Prepared for Employment in Hong Kong - A Handbook for Foreign Domestic Helpers” published by the Labour Department.

Banks, remittance agents and electronic wallets are the most commonly used remittance channels by FDHs. You may compare different remittance services and pick the one which best suits your needs. However, it is important to ensure that you engage a service provider with a valid licence. You can verify this by checking the Register of Licensees for Money Service Operators at the Customs and Excise Department’s website.

You have the same full protection under the law as Hong Kong residents, including the protection from physical abuse and sexual assault, such as common assault, rape and indecent assault. In case of emergencies or abuses, you should report to the Police immediately by calling 999 or visiting a nearby police station for assistance.

If you are paid less than the wages stipulated in the Standard Employment Contract, you should check with your employer to see if there is any miscalculation. You should never acknowledge receipt of any unpaid wages. If your employer has underpaid you without a reasonable explanation, you should seek assistance from the branch offices of the Labour Relations Division of the Labour Department immediately.

Under Clause 5(b) of the Standard Employment Contract, your employer should provide you with free food. If free food is not provided, your employer should pay you a food allowance as specified in the Standard Employment Contract.

The Standard Employment Contract does not specify the type and amount of food that employers should provide. If you consider that the food provided by your employer is insufficient or inappropriate, you should communicate your dietary needs and preferences to him/her. We encourage FDHs and employers to engage in candid discussions to establish mutually agreed meal arrangements.

A pregnant FDH should undergo regular antenatal checkups to safeguard both her health and her baby’s health. You may refer to the following links for information on antenatal checkup services provided by the Maternal and Child Health Centres of the Department of Health and the Hospital Authority:

• Maternal and Child Health Centres
• Hospital Authority

If you would like to return to your place of origin to give birth and take maternity leave, you may make a request to your employer so that both parties can discuss and agree on the arrangements.

If you have an unplanned pregnancy, you can obtain advice and counselling services from the Integrated Family Services of the Social Welfare Department (Tel: 2343 2255) or the Family Planning Association of Hong Kong (Tel: 2572 2222).

The Employment Ordinance prohibits an employer from assigning heavy, hazardous or harmful work to pregnant employees. If a pregnant FDH has produced a medical certificate to her employer stating that she is unfit to undertake certain work due to pregnancy, the employer should suitably adjust her scope of work in accordance with professional advice.

Besides, when assigning an FDH to clean the windows, the employer must comply with the clause on window cleaning under the Standard Employment Contract to safeguard the occupational safety of his/her FDH. The clause stipulates that, when an FDH is required by his/her employer to clean the outside of any window which is not located on the ground level or adjacent to a balcony (on which it must be reasonably safe for the FDH to work) or common corridor, the work should be performed under the following conditions:

• the window being cleaned is fitted with a grille which is locked or secured in a manner that prevents the grille from being opened; and
• no part of the body extends beyond the window ledge except the arms.

When you engage employment agency services, you should:

• make sure the agency holds a valid licence issued by the Labour Department;
• pay the prescribed commission only after you have received your first month’s wages, and make sure the amount does not exceed 10% of your first month’s wages;
• request a receipt for any payment made;
• keep the original copy of your Standard Employment Contract; and
• keep your personal identification documents safe.

You should not:

• pay the agency any expenses or fees other than the prescribed commission;
• pay the agency by borrowing money from any financial institution at the request of the agency; and
• sign any document, agreement or contract without fully understanding the terms therein.

For more information, please visit the Employment Agencies Portal.

In general, FDHs working in Hong Kong are expected to complete their two-year employment contracts. An FDH who wants to apply for change of employer should first return to his/her place of origin and submit afresh a new employment visa application to the Immigration Department. Under exceptional circumstances, if the original employer is unable to continue the contract due to external transfer, migration, death or financial reasons, or if there is evidence showing that the FDH has been subjected to abuse or exploitation, he/she may apply for a change of employer in Hong Kong without first returning to his/her place of origin. If an FDH is suspected of abusing the arrangements for premature termination of employment contract to change employers, his/her visa application for working in Hong Kong may be refused. The relevant records will also be taken into account when the Government considers his/her future employment visa applications.

You are required to leave Hong Kong upon completion of your contract or within 2 weeks from the date of termination of your contract, whichever is earlier. If an FDH does not leave Hong Kong upon the expiry of stay, he/she will commit an offence for breaching the conditions of stay and is liable to prosecution. Upon conviction, he/she will be subject to a maximum fine of $50,000 and imprisonment for up to two years. He/she will also be liable to removal from Hong Kong after serving the sentence, and will not be allowed to come to Hong Kong to work as an FDH again. If you have any questions about your conditions of stay, please contact the Immigration Department (Hotline: 2824 6111; Email:enquiry@immd.gov.hk).