/ What's New - Cleaning Outward-facing Windows by Foreign Domestic Helpers (“FDHs”)

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Question 1:
What is the new clause on cleaning outward-facing windows?
Answer 1:
Effective from 1 January 2017, the Standard Employment Contract (“SEC”) for FDHs includes a new clause on cleaning outward-facing windows to safeguard the occupational safety of FDHs. The new clause stipulates that, when an employer requires the FDH 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 helper to work) or common corridor, this must be performed under the following conditions:

1.    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
2.    No part of the FDH’s body extends beyond the window ledge except the arms.

The revised SEC with the new clause added should be used for all contracts signed on or after 1 January 2017.

Question 2:
How to obtain the revised SEC? Can the new clause be added in the old version of contact instead?
Answer 2:
Starting from 31 December 2016, the revised version of SEC can be obtained at the Information and Liaison Section of the Immigration Department at 2/F, Immigration Tower, 7 Gloucester Road, Wanchai. The revised SEC should be used for all contracts signed on or after 1 January 2017. The revised contract is printed in another colour for easy identification.

Question 3:
If the employer and FDH have signed the contract before 1 January 2017, are they required to sign another new contract?
Answer 3:
For old version of contracts signed on or before 31 December 2016, they can still be submitted to the Immigration Department on or before 27 January 2017 for processing. Late submission will not be accepted. However, the employers who engage FDHs under old version of contracts are strongly urged to follow the requirements as stipulated in the new clause to ensure occupational safety of FDHs.

Question 4:
If the new clause is not stated in the SEC, can an FDH perform the window cleaning duty?
Answer 4:
Under the Schedule of Accommodation and Domestic Duties attached to the SEC, household chores are included as one of the major portion of domestic duties. Generally speaking, household chores includes window cleaning. However, the employers who engage FDHs under old version of contracts are strongly urged to follow the requirements as stipulated in the new clause to ensure occupational safety of FDHs.

Question 5:
If the employer does not follow the new clause stated in the SEC and requests the FDH to clean outward-facing windows, what are the consequences?
Answer 5:
Both the employer and FDH are bound by all the clauses stated in the SEC. If an employer requests an FDH to clean outward-facing windows in breach of the clause stated in the SEC, the FDH can refuse such request. The FDH can seek assistance from the Labour Relations Division of the Labour Department if necessary. The Labour Relations Division assists both employers and FDHs to resolve their labour disputes through the provision of free conciliation services.

If the employment contract is prematurely terminated for reason of an FDH being forced to clean outward-facing windows without safety measures, same as in breach of other clauses stated in the SEC, the aggrieved FDH can seek assistance from the Labour Relations Division or file claim at court for compensation (e.g. one-month payment in lieu of notice and other termination payments etc.) if he/she regarded himself/herself of being constructively dismissed by the employer.

Policy Support Division
Labour Department