1. Household income

According to the Immigration Department Ordinance, the total income of the applicant or the applicant’s family must be not less than HK$180,000 per year, i.e. the average monthly salary is not less than HK$15,000. This minimum income limit will generally be adjusted as the salary of the domestic helper changes.

The Immigration Department sets up employers’ income requirements to prevent some households with insufficient income or unstable income to pay their domestic helper’s salary.

Since September 29th, 2023, the minimum monthly salary of domestic helper has been adjusted to HK$4,870. In addition, if the employer chooses to provide a meal allowance to domestic helper instead of free meals, the allowance will be increased to not less than HK$1,236 per month.

Therefore, employers are required to present the following documents to the Immigration Department as proof of income and financial status:

Tax Form.	The most recent tax assessment and tax payment notice issued by the Inland Revenue Department is commonly known as the "Tax Form". The tax bill is the simplest and most effective proof of income. If the total income of either applicant’s spouses is less than $180,000, the spouse’s joint income application can also be applied, as long as a copy of the marriage certificate is attached. Bank passbooks and other applicants who have just transferred or who have not received their tax bills can also provide bank automatic salary transfer records or salary notices for the past six months, and attach the employment letter or the company's income verification letter. If the employer does not have a fixed income verification, the employer can also use other methods to prove that their income is eligible.
Cash income Industries	that receive cash as income, such as taxi drivers, beauticians, and decoration contractors, may use part of their income as daily expenses and only save the remaining income in the bank, so they cannot provide sufficient income records. Such employers can also provide alternative income proofs such as taxi license plates, copies of engineering contracts to indicate the average income. In this circumstance, the Immigration Department has the right to disapprove the visa application. Proof of current assets Employers can also provide some "stable" proof of current assets, such as Hong Kong or foreign currency time deposit certificates, stocks, and fund investments (such as fund receipts) for the past six months. The Immigration Department mainly considers the stability of these assets. If it is only a fairly large sum of money that only exists within one to two days after the bank transaction, it cannot be considered as a proof of stable financial status.
Sole investment/ Partnership/ Company Shareholders.	Some employers who are sole investors or partnerships with friends can also provide company tax bills or company monthly statements for application. In addition, a copy of the business registration certificate and documents certifying the shareholders of the company, such as Form 1(a)/(b)/(c), must be attached. If you are a primary shareholder of a corporation, you must attach Form X or other documents that have been registered with the Business Registration Office to prove ownership of the shares.
Special circumstances.	Some children want to hire domestic helpers for their parents to take care of their daily meals, but the parents have retired and have no income proof. Nonetheless, these children can hire domestic helpers on their behalf as employers or guarantors, given that they can provide sufficient income proof. If they are as guarantors, they must attach a guarantee (Guarantee/Supporting Letter). Generally speaking, the Immigration Department only requires employers to provide copies of supporting documents of family income and relationship among family members, to ensure that they will pay for the relevant expenses on their behalf.

2. Residence requirements

The Office of The Ombudsman (Hong Kong) published an investigation report on the accommodation arrangements for domestic helpers in December 1995. According to data from the Rating and Valuation Department, as of October 1995, in 1.02 million private residential units, the average construction area per unit was only 52.9 square meters. The average population of each family is 3.4. To hire a foreign domestic helper, the average living area occupied by each person is only 12 square meters.

In view of the high population density in Hong Kong, it is difficult to require each employer to provide a bedroom for domestic helper. Therefore, a "suitable place to stay" can be understood as a place with a fixed bed in a room, giving the helper some privacy and adequate rest. Arranging domestic helpers to sleep in temporary spaces such as living rooms or kitchens, or sharing a room with adults of opposite gender, violates the basic human rights of domestic helpers.

3. Expenses for hiring foreign domestic helpers

As an employer, in addition to paying foreign domestic helpers (also known as "domestic helpers") monthly basic salary, he/she also provides accommodation and meals for foreign domestic helpers. Therefore, before hiring domestic helpers, employers should also calculate whether they are able to afford their monthly salary and other related expenses.

4. First-time application and application for more than one foreign domestic helper

If you have already hired one or more overseas domestic helpers and you want to hire an additional one, you must provide an explanation e.g. many family members, large living area and garden, and sick family member who needs extra manpower to take care of (submission of medical records needed) to prove. As for the minimum income requirement for hiring more than one domestic helper, it is also at least double of the original income, and accommodation also needs to be properly arranged, such as preparing enough rooms or beds.

5. Tips for hiring Filipino domestic helpers

Filipinos have various ethnic groups. At present, there are more than 175 ethnic groups, and each group has its own language, origin, culture and history. The origins of modern Filipinos and the origin of their South Island are influenced by Spain, China and the United States. There are 80 languages and dialects throughout the Philippines, and English and Tagalog are currently their official languages. Whether they are overseas or local Filipino maids, they are good at English. If you and your family do not understand English at all, or if the maid you hired is responsible for taking care of the elderly, you should probably not consider Filipinos maid. Some Filipino domestic helpers who work in Hong Kong for many years also understand Cantonese. But relatively speaking, Indonesian and Thai domestic helpers are better in Cantonese speaking and are more suitable for taking care of the elderly at home.

For taking care of children, Filipino domestic helpers are better choice. A 10-year study conducted by the Chinese University of Hong Kong reported that children with domestic helpers have better English vocabulary and comprehension skills than children of the same age without domestic helpers, but their Chinese reading and vocabulary is poor. The research team believed that the maids help children communicate in English daily. Therefore, employers currently prefer to hire the Filipino maids to take care of children.

Most Filipino maids are Catholics. In Philippines, 85% are Catholics, 6% are Islam (mainly distributed in Mindanao), and 2.9% are Christianity. Since Philippines is a Catholic country, it does not have special religious regulations and customs like Muslim or Buddhist countries, and the Filipinos are friendly, hospitable and cheerful. The Filipino food tastes very different from the main Cantonese cuisine. They prefer Western-style food with various food seasonings. Their foods taste rich and strong. Like making soup, Cantonese employers like to preserve authentic taste of food while Filipinos add soy sauce, vinegar, fish sauce and other seasonings to enrich the flavors. Filipinos are generally used to be late, so it is possible that you will encounter a procrastinating Filipino maid, but in their view, being late is a respect for guests. In addition, Filipinos raise their eyebrows when greeting each other; they have cheerful personality.

Compared to other Southeast Asian countries, Filipino maids have higher education levels and their English is better. The Philippine government provides free and mandatory primary and secondary school education. The higher education in the Philippines adopts the American-style education system. English is widely used in the Philippines. Some of the Filipino maids who came to work in Hong Kong are highly educated and most of them have high school education or above.

One important feature of the Philippine population is the huge number of overseas helpers. At present, there are about 10 million people distributed around the world, including the Middle East, the United States, Canada, Oceania, Europe, and Japan, South Korea, Taiwan, Hong Kong and Singapore.

Most Hong Kong foreign domestic helper agencies have employment services for Filipino and Indonesian maids. They are the main source of domestic helpers in Hong Kong. With the increasing number of Filipino domestic helpers in Hong Kong, they request better wages and working conditions. Most Filipino domestic helpers strictly abide by the regulations of the Labor Department and the Immigration Department, so employers must be familiar with these regulations and have a good working relationship with foreign domestic helpers.

6. Tips for hiring Indonesian Maids

Indonesia is a multi-ethnic country. The language in Indonesia is mainly Austronesian, and the official language is Indonesian, which is derived from the official Malay language in the Jambi district of eastern Sumatra. Therefore, many Indonesian maids only speak simple English

In the 18th century, Indonesians have experienced Dutch colonial repression for nearly three hundred years. Since independence and ruled by Prince Sugarle in 1945 and General Suharto (from 1967 to 1998), the government implemented strict obedience and strict discipline to the people. Indonesians are used to obey government policies and arrangements from official, supervisors and elders. In terms of language, the English conversation skills of Indonesian domestic helpers is on average poorer than that of Filipino domestic helpers, but they learn Cantonese faster than the Filipino maids. Since July 1995, the Indonesian Consulate has improved the basic qualifications of domestic helpers working in Hong Kong to make sure that they have enough knowledge to fulfill job requirements. Only high-school graduates are permitted to work in Hong Kong. As a result, some of the Indonesian helpers have better English communication skills and carry out housework without any problems.

Most Indonesian maids are Muslims and have the habit of worship and fasting. It may be a bit strange to employers in Hong Kong at first, but they are used to the customs later Due to religious beliefs, some Indonesian domestic helpers refuse to touch or eat pork. Some foreign domestic helpers have been in Hong Kong for a long time, and they will not resist it. In case some Indonesian maids cannot change their previous habits/customs, employer may accommodate their lifestyle.

7. Period of Contract

Standard employment contract Article 2 states that the general employment contract period is 2 years. Taking the domestic helper applying for work in Hong Kong as an example, the contract starts on the day of entry (i.e. when the domestic helper arrives Hong Kong) for a period of 2 years. For those maids who change another employer in Hong Kong, the effective date of the contract starts from the day when the Commissioner of Immigration Department formally approves the work permit and duration lasts for 2 years.

Employer can find out the employment period from the work visa in domestic helper's passport. Domestic helpers should keep a copy of the work permit for reference.

8. Domestic helper’s salary and deductions

Starting from September 29, 2023, the minimum wage for foreign domestic helpers in Hong Kong should not be less than HK$4,870. Unless the employer and the employee agree otherwise, the salary period is calculated as one month.

Regardless of nationality, (e.g. Filipino, Indonesian and Thai or other countries), the minimum wage for foreign domestic helpers stipulated by the Labor Department and the Immigration Department must not be less than HK$4,870. Otherwise they may be prosecuted on charges of "providing false information to defraud the Immigration Department".

Employers are required to pay wages to domestic helpers on the last working day of each month.

The employer must deposit the wages into the domestic helper’s bank account or pay the wages in cash and prepare a wage receipt. The domestic helper must sign the receipt to confirm the payment.

When the contract expires or terminates early, the employer must pay the wages and other payments to the domestic helper within seven days.

The current legislation does not require employers to pay year-end bonuses or "double pay" to domestic helpers.

Vacations for foreign domestic helpers 2020

Foreign domestic helpers return to their home country for vacation. According to the ID407 Standard Employment Contract Article 6, foreign domestic helpers can have no less than seven days of leave to return to their home country. This regulation is generally applicable to domestic helper who get contract renewal or change employer after contract expiration. According to labor laws, foreign domestic helpers can have paid annual leave after they have served the same employer for twelve months. The number of annual leave varies from 7 to 14 days, based on the work experience of the foreign domestic helper.

Annual leave needs to be taken within the next twelve months, and the date should be mutually agreed between the employer and the foreign domestic helper. If the employment contract is terminated for any reason, such as resignation, but not summary dismissal, the foreign domestic helper has been working for more than 3 months but less than 12 months, the foreign domestic helper should be issued a replacement income.

For example, a foreign domestic helper has only been working for four months and she has been dismissed. The paid annual leave is calculated as follows:

(120 days/365 days) x 7 days of annual leave = 2.3 days of paid leave

Monthly salary $4,870*December/365 days) x2.3 days = $362.62 (equivalent to paid leave)

9. Summary dismissal

If the foreign domestic helper commits serious mistakes/negligence, the employer may terminate employment contract (i.e. Summary Dismissal by Employer) without prior notice and compensation in lieu of notice under under the following circumstances:

a) If the domestic helper intentionally disobeys the employer’s legal and reasonable orders,
b) misbehavior,
c) fraud, unfaithfulness; or
d) routine negligence of duties,

Please note that summary dismissal is a serious disciplinary action. It only applies if the foreign domestic helper has committed a very serious fault or has not improved after repetitive warnings. Employer still needs to pay:

a) Any unpaid wages;
b) Equivalent wages for unclaimed paid annual leave;
c) Long service payment/severance payment (if applicable);
d) Air ticket for the shortest route to hometown;
e) Other payments to foreign domestic helpers under the employment contract, such as travel and hotel expenses, meals and transportation allowances.
f) Any fines and loans required by law.

The employer must list all the above items and request the foreign domestic helpers to sign the receipt for confirmation. To avoid any doubt, we recommend that the employer settle down the payment under the witness of the employment agency.

Lastly, if there is a dispute or the foreign domestic helper makes a claim for compensation or whether the justifications for dismissal are sufficient, the final decision will be made by the Court. As a result, employers must be very cautious when quoting this Ordinance.

Restrictions on Termination of Employment Contract

※Maternity Protection-Employers cannot dismiss pregnant employee and employee who has issued a pregnancy notice.
※During paid sick leave, employers cannot dismiss employees.
※Provide evidence or information to the official authorities-Employers cannot dismiss employees because they have provided evidence in legal procedures related to the implementation of the Employment Ordinance, accidents due to work, or violations of work safety laws or to provide information to public officials conducting inquiries
※Participation in union activities-Employers cannot dismiss employees because they participate in union or union activities.
※Work-related injury period-Employers cannot dismiss employees before they have reached an agreement on compensation for work injury or before the relevant medical assessment is issued.

On the other hand, an employee may terminate the employment contract without notice or payment in lieu of notice (Summary Dismissal by Foreign Domestic Helper) in the following situations:

※Reasonably fear that the body will be harmed by violence or disease;
※Mistreated by the employer; or
※Has been employed for not less than five years and has been certified by a registered doctor to be permanently unsuitable for the current job.

10. Sickness allowance

According to the law, domestic helpers are entitled sickness allowance.

In the following situations, employer must provide sickness allowance to the domestic helper:

※Domestic helpers have accumulated enough paid sick leave;
※The number of sick days taken is less than 4 consecutive days; and
※Domestic helper can provide proper doctor’s notice.

Domestic helpers can accumulate 2 paid sick days for each month within the first 12 months of employment; after that, they can accumulate 4 paid sick days for a full month of employment, and the maximum paid sick days can be accumulated up to 120 days.

10.1 Sickness allowance

The amount of daily sickness allowance is equivalent to four-fifths (4/5) of the average daily wages of domestic helpers.

The employer must pay the sickness allowance to the helper no later than the normal pay period.

When domestic workers are ill or injured from work or non-work environment, employers need to provide free medical care, including hospitalization and dental emergency.

To avoid any doubts/questions, the revised version of the standard employment contract launched on January 1, 2003 clearly stated that under the new standard employment contract, employers are not responsible for domestic helper’s medical expenses during personal trip outside Hong Kong (e.g. returning to their hometown)

According to the employment contract, domestic helpers should accept any medical professional provided by the employer. Employer should explain to the domestic helper which doctor/medical professional she can consult with in advance.

10.2 Dismissal of domestic helper on sick leave

Summary dismissal by employer only be taken when domestic helpers have serious faults. It is an offence if employers dismiss domestic helpers who are on paid sick leave. Upon conviction, employer can be fined HK$100,000. The employer must also pay the domestic helper:

※Dismissal payment;
※Compensation amount equivalent to 7 days' wages; and
※Sickness allowance

The normal termination of employment contracts must be lawfully executed after completion of paid sick leave.

Note: Domestic helpers may also seek compensation from employers for unreasonable and unlawful dismissal in accordance with the Employment Regulations, Disability Discrimination Regulations, Sex Discrimination Regulations and Race Discrimination Regulations.

11. Work injury compensation

Under the terms of the employment contract, the employer is responsible for the following expenses:

※Medical expenses for casualties and all diseases of foreign domestic helpers, including hospitalization and dental expenses
※If the domestic helper has an accident or causes an occupational disease during work, the employer have to compensate the domestic helper in accordance with Chapter 282 of the Employment Compensation Ordinance.
※If the foreign domestic helper died due to work (such as a fire at work) or non-work environment (such as a traffic accident during vacation), the employer is responsible for expenses of the foreign domestic helper’s remains and relics to their hometown

The general domestic helper's comprehensive insurance lists the above-mentioned expenses as the scope of protection, and the insurance expenses are quite reasonable.

12. Considerations and deployment before dismissing foreign domestic helpers

Dismissal of foreign domestic helpers is not simple. There are many details to consider.

Employers spend a lot of time to find a foreign domestic helper to do the housework. Moreover, it may not be always suitable for them to hire a new foreign domestic helper. Therefore, employers should consider carefully before dismissing foreign domestic helpers.

First of all, when the foreign domestic helper performs her duties upon arrival, the employer should give her appropriate counseling and training. If foreign domestic helper’s job performance is not satisfactory, the employer should first consider if the foreign domestic helper has sufficient time to observe, learn and adapt the work environment.

If the work performance of the foreign domestic helper is still not satisfactory, employer should provide counseling to the helper and find out the underlying reasons such as homesickness or insufficient communication with employers.

Then observe the domestic helper for 2-3 weeks. During this period, she will receive housework training again, and then observe him for 2-3 weeks to see if the work performance improves.

If the situation has not been improved, the employer may consider dismissing the foreign domestic helper and hire a new foreign domestic helper.

Once the employer decides to dismiss the foreign domestic helper, he/she can refer to the following deployment:

It will take three to four months to hire a new foreign domestic helper takes.

※Employers should first seek advice from relevant foreign employment agency. Generally speaking, if the employer hires a foreign domestic helper for the first time, and the domestic helper is dismissed due to poor work performance, some agencies will not charge or may waive part of the application fee.
※Employers should not inform the domestic helper about job termination too early to minimize the influence on her work and emotions.
※In addition, you can use this time to select another foreign domestic helper and apply for arrival procedure. During this time, the employer should take control of the mailbox key or use his/her company address as the correspondence address for the Immigration Department paperwork.
※Employers should make arrangements beforehand so that the dismissal of foreign domestic helpers will not lead to the situation of unassisted household chores.
※Employer has to continue to counsel the foreign domestic helper to avoid any deviation in her work performance. If the employer has no time to counsel the foreign domestic helper, he /she can seek help from the employment agency.
※If foreign domestic helper has low mood, employer should comfort her. If she is willing to cooperate to complete the remaining contract, the employer can give her a better Release Letter to help her find a new employer in the future. If the situation has not improved, the employer can seek assistance from employment agency.

Arrangements for dismissal of foreign domestic helpers:

On the last day of the work, the employer should go through all paperwork/procedure with the domestic helper at employment agency.

※Employment agency staffs are more familiar with dismissal procedures. It prevents the situation that the foreign domestic helper request to recover the wages from employers due to incomplete dismissal procedures.
※In addition, when a third party is present, both employers and employees can handle things calmly to avoid conflicts.
※Employers should avoid the dismissal of foreign domestic helpers at night. They should arrange for dismissal during the day, so that foreign domestic helpers can easily find their shelter/temporary accommodation.

13. Long service payment

If the domestic helper has been hired by same employer for not less than 5 years and the employment contract is terminated for one of the following reasons, the employer is required to pay a long service payment.

※Not dismissed immediately due to serious negligence, or dismissed due to layoffs;
※No contract renewal after the expiration of a fixed-term contract;
※Death at work;
※A note issued by a registered medical practitioner or registered Chinese medicine practitioner certifying that the domestic helper is permanently unsuitable for the current job and resigns; or
※Retire (must be 65 years old or above)

The long-term service payment is determined according to the following calculation method:
the last month’s salary x the length of service x payment rate based on service period.

For example, Mr. Hung has hired a domestic helper for exactly 3 contracts for a total of 6 years, and proposed to the domestic helper to terminate the employment contract. Mr. Kong's domestic helper was 36 years old when she left. The salary received in the last month is $4,870. The long-term service payable by Mr. Kong to the domestic helper is calculated as follows:

$4,870 x 6 x 2/3 x 100% = $19,480