Employer & FDHs

What is the current minimum wage for hiring a domestic helper?

With effect from 30 September 2025, the MAW for FDHs is $5,100 per month, which is applicable to all employment contracts signed on or after 30 September 2025. The previous minimum wage was $4,990 per month, applicable to all contracts signed between September 28, 2024, and September 29, 2025.

What kinds of leave are FDHs entitled to under the Employment Ordinance and the Standard Employment Contract?

Under Clause 6 of the Standard Employment Contract, FDHs are entitled to the following leaves as specified in the Employment Ordinance:

• Rest day;
• Statutory holidays; and
• Paid annual leave.

Besides, Clause 13 of the Standard Employment Contract stipulates that if an FDH and his/her employer agree to renews a contract, the FDH should, before the new contract commences, return to his/her place of origin to the expense of the employer for a paid/unpaid vacation of not less than 7 days (unless prior approval for extension of stay in Hong Kong is given by the Director of Immigration).

Employers should keep FDHs’ leave and payment records properly to avoid future disputes.

Can an FDH resides in places other than the employer's residential address specified in the Standard Employment Contract?

No. Under Clause 3 of the Standard Employment Contract, an FDH should work and reside in his/her the employer's residence specified in the contract during the employment period in Hong Kong. Employers should  provide FDHs with suitable accommodation that reasonable privacy. Examples of unsuitable accommodation arrangements include: arranging FDHs to sleep on made-do beds in corridors with little privacy, or to share a room with adults/teenager of the opposite sex.

What are the employment restrictions for foreign domestic helpers?

FDHs shall only perform domestic duties. Their domestic duties, such as household chores, cooking, looking after aged persons in the household, baby-sitting, child-minding, etc.; should be specified clearly in the “Schedule of Accommodation and Domestic Duties” attached to the SEC.  If an employer requires an FDH to perform non-domestic duties, he/she will commit an offence under the IO and is liable to prosecution.

Can I deploy my FDH to perform duties outside my residence such as buying groceries, car-washing, bringing my children to and from school, taking care of them while my family dine in a restaurant or at a friend/relative’s home?

Yes. Duties such as going to the market, car-washing, delivery of food or personal items to to the employer or his family members (living in the same household) outside the employer's dwelling place etc. are considered incidental to household chores.

I own two flat where I used to dwell alternately. Can I enter both addresses in the employment contract?

No. It is specified in Clause 3 of the Standard Employment Contract (ID407) that an FDH shall work and reside in the employer's residence at a specified address. It is also stated in Clause 4(a) that an FDH should only perform domestic duties specified in the "Schedule of Accommodation and Domestic Duties" attached to the Contract. The employer's residence refers to a single household in one location, and it is therefore not permissible to include a second address in the Contract.

Can I allow my FDH to take up part-time jobs?

No.  An FDH is permitted to work with the contractual employer as approved by the Director of Immigration.  If your FDH takes up unapproved employment with any other person, he/she will breach the condition of stay imposed on him/her.  He/She will be liable to prosecution and subsequent removal, and his/her future employment application will be subject to close scrutiny. Any person who aids and abets an FDH to breach a condition of stay is also liable to prosecution.  Upon conviction, the maximum penalty will be a fine of $50,000 and imprisonment for 2 years.

Under what circumstances is an FDH entitled to paid maternity leave? How is maternity leave pay calculated?

A female FDH is eligible for 14 consecutive weeks of paid maternity leave if she: 

• has been employed for a period of not less than 40 weeks immediately before the commencement of scheduled maternity leave;
• has given notice of pregnancy and her intention to take maternity leave to her employer after the pregnancy has been confirmed, for example, by presenting a medical certificate confirming her pregnancy to the employer: and
• has produced a medical certificate specifying the expected date of confinement, if so required by the employer.

The daily rate of maternity leave pay is sum equivalent to four-fifths of the average daily wage of an FDH.

An employer, after payment of all maternity leave pay on the normal pay day, may apply to the Government for reimbursement of the 11th to 14th weeks’ maternity leave pay payable and paid under the Employment Ordinance.  For details, please visiti the webpage of the Reimbrsement of Maternity Leave Pay Scheme.

If a FDH damages his/her employer's goods, can the employer deduct his/her wages as compensation?

An employer can deduct his/her FDH’s wages for damage to or loss of goods, equipment or property caused by the FDH’s neglect or default. In any one case, the sum to be deducted should be equivalent to the value of he damage or loss, but not exceeding HK$300.  The total amount of such deductions should not exceed one quarter of the wages payable to the FDH in that wage period.

How can an employers and FDH terminate their Standard Employment Contract before it expires?

Under Clause 10 of the Standard Employment Contract, an employer and his/her FDH may terminate their contract before its expiry by giving one month’s notice in writing or by paying one month’s wages in lieu of notice to the other party.

The employer and the FDH are each required to submit a written notice to the Director of Immigration within seven days of the date of contract termination, together with a copy of the other party’s written acknowledgement of the termination.  They may choose to complete the Immigration Department’s “Notification of Termination of Employment Contract with Foreign Domestic Helper” (ID407E).

The employers should pay any outstanding wages and contractual payments due to the FDH, preferably by bank transfer, so as to obtain a record of payment.   An employers who fails to pay the statutory benefits and other payments due to his/her FDH in accordance with the Employment Ordinance and the Standard Employment Contract commits an offence.

The Employment Ordinance also provides for the special circumstances under which a contract may be terminated without notice or payment in lieu of notice, as well as the circumstances under which dismissal is not allowed.