FOR FDHs

Questions about Foreign Domestic Helpers (FDHs)

What are the job duties of an FDH? What should i pay attention to when I perform the duties?

An FDH may be assigned to perform various domestic duties, such as cooking, cleaning, taking care for children and the elderly, etc. While domestic duties may look simple, there are potential occupational safety and health hazards such as musculoskeletal disorders due to improper postures or repetitive movements; electric shock accidents caused by inappropriate use of electrical appliances; and cuts, burns or scalds that can occur while working in the kitchen, etc.  For more tips, please refer to the "Be Preparing for Employment in Hong Kong - A Handbook for Foreign Domestic Helpers" published by the Labour Department.

What should I do if I am subjected to violence or abuse?

You have the same full protection under the law as Hong Kong residents, including protection from physical abuse and sexual assault, such as common assault, rape and indecent assault.  In case of emergencies or abuses, you should report to the Police immediately by calling 999 or visiting a nearby police station for assistance.

What should I do if my employer pays me less than my entitled wages?

If you are paid less than the wages stipulated in the Standard Employment Contract, you should check with your employer to see if there is any miscalculation. You should never acknowledge receipt of any unpaid wages. If your employer has underpaid you without a reasonable explanation, you should seek assistance from the branch offices of the Labour Relations Division of the Labour Department immediately.

What should I do if my employer does not provide sufficient food for me?

Under Clause 5(b) of the Standard Employment Contract, your employer should provide you with free meal.  If free meals is not provided, your employer should pay you a meal allowance as specified in the Standard Employment Contract.

The Standard Employment Contract does not specify the type and amount of food that employers should provide. If you consider that the meal provided by your employer is insufficient of inappropriate, you should communicate your dietary needs and preferences to him/her.  We encourage FDHs and employs to engage in candid discussions to establish mutually agreed meal arrangements.

What should I do if I am pregnant?

A pregnant FDH should undergo regular antenatal checkups to safeguard both her health and her baby’s health. You may refer to the following links for information on antenatal checkups services provided by the Maternal and Child Health Centres of the Department of Health and the Hospital Authority.

If you would like to return to your place of origin to give birth and take maternity leave, you may make a request to your employer so that both parties can discuss and agree on the arrangements.

If you have an unplanned pregnancy, you can obtain advice and counselling services from the Integrated Family Service of the Social Welfare Department (Tel: 2343 2255) or the Family Planning Association of Hong Kong (Tel: 2572 2222).

What should I need to pay attention to when I engage employment agency services?

When you engage employment agency services, you should:

• Make sure the agency holds a valid licence issued by the Labour Department;
• Pay the prescribed commission only after receiving your first month's wages, and make sure the amount does not exceed 10% of your first month's wages;
• Request a receipt for any payment made;
• Keep the original copy of your Standard Employment Contract; and
• Keep your personal identification documents safe.

You should not:

• pay the agency any expenses or fees other than the prescribed commission;
• Pay the agency by borrowing money from any finance institution at the request of the agency; and
• Sign any document, agreement or contract without fully understanding the terms therein.

Can I apply to change of employers in Hong Kong?

In general, FDHs working in Hong Kong are expected to complete their two-year employment contracts. An FDH who wants to apply for change of employer should first return to his/her place of origin and submit afresh a new employment visa application to Immigration Department. Under exceptional circumstances, if the original employer is unable to continue the contract due to external transfer, migration, death, or financial reasons, or if there is evidence showing that the FDH has been subjected to abuse or exploitation, he/she may apply for a change employer in Hong Kong without first returning to his/her place of origin. If an FDH is suspected of abusing the arrangements for premature termination of employment contract to change employers, his/her visa application for working in Hong Kong may be refused.  The relevant records will also be taken into account when the Government considers his/her future employment visa applications.

Can I stay in Hong Kong after the completion or termination of my employment contract?

In general, you are required to leave Hong Kong upon completion of your contract or within 2 weeks from the date of termination your contract, whichever is earlier.  If a FDH does not leave Hong Kong   the expiry of stay, he/she will commit an offence for breaching the conditions of stay and is liable to prosecution. Upon conviction, he/she will be subject to a maximum fine of HK$50,000 and imprisoned for up to 2 years. He/she will also be liable to removal from Hong Kong after serving the sentence, and will not be allowed to come to Hong Kong to work as an FDH again.