FOR EMPLOYER

Questions for employers

Is it compulsory for me to take out employees’ compensation insurance for my FDH?

Yes.  Employers are required to take out employees' compensation insurance for their FDHs to cover their liability under the laws(including the common law). A employers who fails to secure an insurance cover commits a offence and is liable to prosecution.  Upon conviction, the employer may face a maximum fine of  HK$100,000 and imprisonment for two years.

In addition, Clause 9(a) of the Standard Employment Contract stipulates that employers should provide free medical treatment to FDHs during their employment in Hong Kong, including medical consultations, maintenance in hospital and emergency dental treatment. To prevent employers from losing their budget in the event of injury or illness of their FDHs', we encourage employers to take out comprehensive insurance policies for their FDHs which cover both medical insurance and employees’ compensation insurance.  A diverse variety of comprehensive insurance products tailored for FDHs are available in the insurance market.   Employers are free to choose the insurance plan that best suits their needs.

How should I pay wages to my FDH?

You may pay wages to your FDH by cheque or bank transfer, or by cash upon your FDH's request. You should provide your FDH with receipt for the wages paid and explain clearly how the wage are calculated.  You should also request your FDH to sign on the receipt as an acknowledgement of receiving the payment, and keep the receipt properly.

Can I install a closed-circuit television (CCTV) surveillance system at home to monitor my FDH’s performance?

Some employers may install CCTV surveillance system at home in consideration of home safety and the need to take care of family members.  If you decide to install a CCTV surveillance system, you should clearly notify your FDH in an open manner about the installation before conducting the first monitoring activity. It is important to note that the CCTV surveillance system cannot capture any footage of activities taking place inside toilets, bathrooms and private areas where your FDH rests after work.

Employers should refer to the guidelines issued by the Office of the Privacy Commissioner for Personal Data on the installation and use of CCTV surveillance systems at home:  “Monitoring and Personal Data Privacy at Work:  Points to Note for Employers of Domestic Helpers”.  If such monitoring is carried out without the FDH’s knowledge, the employer may contravene the Personal Data (Privacy) Ordinance.

I have recently bought a new car.  Can I assign my FDH to perform drive duties?

Under the Standard Employment Contract, domestic duties performed by FDH exclude driving. Moreover, the employment visa granted to an FDH includes the condition of stay that prohibits them from performing driving duties.  If an employer has the need to require his/her FDH to perform driving duties incidental to and arising from domestic duties, he/she has to apply for special permission from the Director of Immigration.

I need my FDH to work during the Lunar New Year. Can I make extra payment to him/her in lieu of granting statutory holiday?

The Employment Ordinance prohibits employers from making payments to employees in lieu of granting statutory holidays (i.e. the co-called "buy-out of holidays").  If an employer requires a his/her FDH to work on a statutory holiday, he/she should give the FDH at least 48 hours' notice and arrange an alternative holiday for the FDH within 60 days before or after the statutory holiday. Therefore, an employers should arrange 3 days of alternative holidays either consecutively or separately holidays during the Lunar New Year.

What should I do if my FDH fails to repay loans and I am harassed by the debt collection activities of financial institutions?

The Labour Department has all along reminded FDHs through various channels to exercise financial prudence and avoid borrowing money. As an employer, you may assist your FDH managing his/her finances in the following ways:

• Encourage your FDH to develop a saving and manage their finances properly, to avoid over-borrowing. For example, you could encourage your FDH to deposit a portion of his/her wages into a bank every month;
• take the initiative to understand your FDH’s financial situation in a non-judgmental manner if he/she is willing to disclose it, such as the amount of monthly remittances to his/her family, whether he/she has any savings habit, and whether he/she has signed any loan agreements, etc. It may be an appropriate time to discuss finances matters with your FDH when you pay him/her wages; and
• If your FDH expresses interest in taking out a loan, talk with him/her frankly and patiently to discuss the purpose of the loan, the interest rate, as well as his/her repayment ability, etc. Below are some general point-to-note for FDHs when applying for a loan:
  • Carefully weigh the pros and cons of borrowing, and consider alternatives to borrowing from financial institutions;
  • Only engage a licensed money lender and sign a loan agreement which he/she fully understands and agrees to;  and
  • Pay attention to the requirements of the Money Lenders Ordinance to protect his/her rights.

If the indebted FDH has left employment, you may inform the financial institution that you have terminated the employment with the FDH. If the financial institution causes nuisance to your family, you may consider reporting the case to the Police for assistance.

Do I have to pay for my FDH’s return passage upon completion or termination of the employment contract?  Can I pay cash instead of air tickets?

Under the Standard Employment Contract, you should provide your FDH with free return passage to his/her place of origin upon completion or termination of the contract.  You are advised to provide an air ticket with basic checked luggage to your FDH instead of cash equivalent to the value of the air ticket.  This reduces the chance that the FDH overstays Hong Kong after receiving the cash, or only departs for neighbouring places instead of returning to his/her place of origin.

Besides, to ensure that both parties have sufficient and reasonable time to deal with matters related to contract completion or termination, your are advised to confirm with your FDH his/her departure arrangements (such as departure date and destination, etc)  before purchasing the air ticket.

What should I do if my FDH has gone missing?

If your are unable to locate the whereabouts of your FDH, you may consider reporting the case to the Police and notifying the Consulate of his/her country in Hong Kong and/or the employment agency concerned.  If your FDH leaves the employment without notice or payment in lieu of notice, you should notify the Immigration Department that the employment contract has been unilaterally terminated by the FDH.