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Friday 26 November 2010

On First Employment in Hongkong


-- >> For helper and employer
Q : what are the right and responsibilities regarding my employment as a foreign domestic helper Or as an employer of foreign domestic helper?
A : The basic rights and reponsibilities regarding the employment of foreign domestic helper are specified in the standard employment contract. In addition, the employment ordinance is also applicable to employers and helpers alike.

-- >>For employer
  1. Q : What should I do upon my helper's arrival to commence work?
    A :
    • You should pay your helper the daily food and travelling allowance, of the amount specified in the employment contract, for his/her journey to Hongkong. You should also reimburse him/her the cost of preparing all neccessary documents.
    • You should advised to explain to your helper the duties you expect him/her to perform. Such duties must be domestic duties as pecified in the Schedule of "Accomodation and Domestic Duties" of the employment contract.
    • You should fix a date on which you will pay wages to your helper
    • You should appoint rest days for your helper.
    • You should agree with your helper whether food will be provided during employment. If it is provided, it must be free of charge. If no food provided, a food allowance of the amount specified in the employment contract sould be given to the helper each month
    • You should take out employee's compensation insurance against your liabilities for your helper's injuries at work. This is requirement under the 'The employee's compensation ordinance'. Failure to do so is an offence in law, punishable by a fine and imprisonment.

  2. Q : Can I concurrently enter into another employment contract with my helper?
    A : No, the standars employment contract is the only official employment contract for all foreign domestic helpers in Hongkong.. Any other employment contract entered between the employer and the helper is not enforceable in Hongkong

  3. Q : Can I ask my helper to work for another person or take up non-domestic duties?
    Q : No, it is an offence under the Immigration Ordinance to ask your helper to work for another person other than the employer named in his/her vosa or to ask him/her to perform non-domestic duties. Employers found to have breached the immigration ordinance may face prosecution.


-->> For the Helper
  1. Q : What shoul I do when I start working in my employer?
    A :
    • To facilitate reimbursement of costs of documentation by your employer, you should produce receipts for all relevant expenses incurred in preparing the documents
    • You are advised to ask your employer to explain your duties and get clear idea of what your employer expects of you. You shall perform domestic duties as specified in the "Schedule of Accomodation and domestic Duties' of the employment contract

  2. Q :Can I live away from my employer's home?
    A :
    • Your employer is required to provide you with free accomodation as per the standard specified in the "Schedule of Accomodation and domestic Duties' of the employment contract. If you and your employer have agreed on living out arrangements, you should notify the immigration Department of such arrangement. The letter of notification should be signed by you and your employer.
    • If the living out arrangements are made after the commencement of the employment contract, the notification letter should be accompanied with a 'Revised Schedule of Accomodation and Domestics Duties' duly signed by you and your employer.

  3. Q : Can I take part time employment with my employer's consent?
    A : No, it is an offence under the Immigration Ordinance for you to take up any employment with any person other than your employer named in your visa. You will be liable to prosecution and removal for breaching the conditions of stay. If you are so removed, you will not normally be allowed to come to Hongkong again to work as a helper.

  4. Q : What should I do if my employer deploys me to work for another person or take up non-domestic duties?
    You should report the matter to the Investigation Division of the Immigration Department

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