1
 
The employer is financially capable to hire a foreign domestic helper. Usually, the employer should have a household income of no less than HK$15,000 per month or assets of comparable amount to support the employment of the helper for the whole contractual period.

  2
 
The employer and the helper shall enter into a standard Employment Contract (ID407) as specified by the Director of Immigration. Term of the contract is two years.

  3
 
The employer must pay the helper a salary no less than the prevailing minimum allowable wage (MAW) as determined by the HKSAR Government at the time of signing the contract. With effective from July 10 2008, the MAW is HK$3,580 per month.

  4
 
The employer shall require the prospective helper to perform domestic duties only.

  5
 
The employer shall not allow or require the helper to take up employment with any other persons during the contractual period as specified in the standard Employment Contract (ID407).

  6
 
The employer shall let the helper work and reside at the employer's residence as specified in the Employment contract only.

  7
 
The employer shall provide the helper with decent accommodation and suitable privacy.

  8
 
The employer is a bona fide resident in Hong Kong and the bona fides of the employer and the helper are not in doubt.

  9
 
The employer shall have no adverse record in respect of previous employment of foreign domestic helper.

  10
 
The employer shall provide free passage, usually an air ticket and adequate travel allowance for the helper to return home upon termination or expiry of the contract.

  11
 
The employer shall take out insurance policies for the helper against his/her liabilities and potential medical and other expenses under the Employee's Compensation Ordinance.

  12
 
The employer applying to hire a foreign domestic helper is required to pay an Employees Retraining Levy of HK$400 per month (HK$9,600 for a 2 years contract). The levy shall be paid in a lump sum or by four equal instalments with the first instalment paid before the issuance of visa.

  13
 
The employer shall provide the helper at least one rest day in every period of seven days. A rest day is a continuous period of not less than 24 hours. Rest days shall be appointed by the employer and may be granted on a regular or an irregular basis.

  14
 
All foreign domestic helpers, irrespective of their length of services, are entitled to the following 12 statutory holidays in a year with pay *if the helper has been employed continuously by the employer for three months preceding any of these holidays.

1.
The first day of January
2.
Lunar New Year's Day
3.
The second day of Lunar New Year's Day
4.
The third day of the Lunar New Year's Day
5.
Ching Ming Festival
6.
The first day of May
7.
Tuen Ng Festival
8.
The first day of July
9.
The day following the Chinese Mid-Autumn Festival
10.
The first day of October
11.
Chung Yeung Festival
12.
Chinese Winter Solstice Festival or Christmas Day
(at the option of the employer)

* Employer may require the helper to work on the above statutory holidays by giving not less than 48 hours' prior notice and an alternative holiday within 60 days before or after the statutory holiday.


  15
 
All foreign domestic helpers are entitled to paid annual leave after serving every period of 12 months with the same employer. The helper's entitlement to paid annual leave will increase progressively from seven days to a maximum of 14 days according to the length of service as follows:

Years of Service
No. of days of
paid annual leave
Years of Service
No. of days of
paid annual leave
1
7
6
11
2
7
7
12
3
8
8
13
4
9
9 or above
14

  16
 
The employer shall pay long service payment to the helper if he/she has worked continuously for not less than five years and is dismissed or the fixed term contract is not being renewed by reason other than serious misconduct or redundancy. The formula for calculating long service payment: [(Monthly wages x 2/3) x reckonable years of service].

  17
 
The employer can make deduction for damages or losses to employer's goods or property directly attributable to the helper's negligence or fault. In any one case, the sum to be deducted shall be the cost of the damaged item, subject to a limit of HK$300. The total of such deductions shall not exceed one quarter of the wages payable to the helper in that wage period.

  18
 
Upon termination or expiry of the employment contract, the employer shall notify the Foreign Domestic Helpers Section of the Immigration Department in writing of the termination within seven days of the date of termination.
 
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