Employers are liable for the domestic helpers from the day their working visa is issued. Here below are some of the main points on the responsibilities of the Employers:
All employers shall take out insurance policies to cover their full liabilities as soon as the Helper arrived. Employers should provide free medical treatment, including medical consultation, maintenance in hospital and emergency dental treatment during the employment period. Although it is not compulsory, as stipulated by the Hong Kong SAR Government, for the Employer to arrange medical insurance policy, but we suggest that you should arrange such for the Helpers for better protection
The minimum allowable wage of Overseas Domestic Helper is HK$4,730 in Hong Kong, as well as provides free accommodation and the employer cannot pay less than the stipulated amount in all circumstances. The employers should agree with the Helper on the date for wage payment, it might be counting from the first day of work. (For example, if the Helper started work on Feb 15, the wage shall be paid on 16th of the following months); or counting on the last day of each month. According to the ordinance, payment of wage cannot be more than 7 days after the agreed date.
All employers should grant your domestic helper at least 1 rest day in every period of 7 days and can’t compel the helper to work on a rest day. All helpers should have 12 statutory holidays in a year (Statutory holidays refer to 1st January, lunar New year’s day, the 2nd and the 3rd day of Lunar New Year, Ching Ming Festival, Labour Day (1st May), Tuen Ng Festival, HKSAR Establishment Day (1st July), the day following the Chinese Mid-Autumn Festival, National Day (1st October), and Chinese Winter Solstice Festival or Christmas Day (at the option of the employer). If a statutory holiday falls on a rest day, a holiday should be granted on the day following the rest day. All helper should be granted paid annual leave for every 12 months of service.
The employers have completed a Job Offer upon application for domestic helpers, and the employer has the right to request the Helper to fulfill the respective job requirements. Employers should provide the Helper with suitable accommodation and reasonable privacy. (Fixed bed and a little storage space) The helper should only perform domestic duties for the employer and should work in the employer’s residence as stated in the employment contract.
When the two-year contract is upon expiry, employers should discuss the renewal matter with the Helper well in advance, and to make an account on the Helper’s entitlement for holidays. For renewal, the employers shall pay for round trip tickets; for termination, the employer shall give one month’s prior notice or payment in lieu to the helpers, according to the Labour Ordinance, as well as the return trip air ticket and transportation fee. The employer may terminate the contract, in accordance with the Labour Ordinance, by giving one month’s notice or payment in lieu, also has to pay to the Helper a return ticket to her home country and transportation expense.
Under all circumstances, the Employer shall provide free return air ticket to the Helper. (including: overseas/ local/direct hire/terminated/complete contract) For contract renewal case, the Employer should provide free round trip air ticket to the Helper. (depart & arrive) In addition, the Employer shall also give the Helper HK$100 per day as transportation and meal allowance, the nature of which is very similar to the day when the Helper traveled from home country to Hong Kong. If the Helper, unfortunately, passed away in Hong Kong, the Employer will be liable for all expenses of sending her corpse and all her personal belongings back to her home country.
Employers should pay severance payment if your domestic helper has not less than 24 months of continuous service with you prior to the termination and is dismissed or the contract expires without being renewed by reason of redundancy. Long service payment is about When the Helper has been working for the same employer for over 5 years, upon termination or completion of contract without further renewal, the Employer shall pay a Long Service Payment to the helper. Calculation method: (Monthly Salary x 2/3) x Years of service