Are there limits on the working hours of foreign domestic helpers?

There was an incident involving the sudden death of a foreign domestic helper at home has prompted an investigation few months ago. Representatives from the Immigration Department and the Labour Department participated in the inquiry, point out some information related to the working hours of foreign domestic helpers. Is there a limit to the working hours for domestic helpers, and what are the consequences for abusive employers?

Background and Judgment

The incident occurred in 2017, involving a 46-year-old Filipino foreign domestic helper(FDH) who had worked for a new employer for about four months. One day, she collapsed and died at the employer's home. The helper had previously mentioned that the employer required her to start working at 3 am daily, with rest only allowed between eleven to midnight. The employer explicitly stated, "I pay you, so I expect to use you fully." Additionally, even on rest days, the employer demanded immediate work upon the helper's return home, and failure to complete household works meant no meals. The helper eventually resigned, but two weeks before leaving the job, the employer passed away. The case concluded with a ruling that the FDH died of natural causes, yet the judge recommended further investigation involving the employer, employment agency, and intermediary.

Are There Limits on the Working Hours of Foreign Domestic Helpers?

During the testimony, representatives from the Immigration Department and Labour Department mentioned that they had not received complaints from employers or FDH. The Labour Department representative clarified that Hong Kong currently has no legislation limiting the maximum or minimum working hours for FDHs. This is because defining "working hours" in a domestic environment is challenging. While there are no specified working hour limits, the Labour Department does outline rules for FDH’s rest, including rest days, statutory holidays, and other leave.

In practice, overworking a FDH is not beneficial for employers. The standard employment contract for FDHs stipulates that employers must bear the medical expenses of the FDH. If a FDH falls ill frequently, the employer not only has to provide rest but also cover medical costs. Even with insurance, there are limits and copayments for hospitalization and outpatient services. In the unfortunate event of a FDH 's death during the contract, the employer is responsible for repatriation expenses. Additionally, maintaining a healthy working relationship with the FDH is crucial.

Consequences for Abusive Employers

According to the testimony of the deceased helper's sister, the employer had been blacklisted by several employment agencies and intermediaries, making them an unwelcome employer. Employers should be aware that there is a blacklist system, and mistreating a FDH can lead to being blacklisted. If a FDH complains to the Labour Department or Immigration Department, the employer may face difficulties obtaining future visas to hire FDHs. Moreover, in cases of inhumane treatment, violations, or loss of life, legal action and police investigations may follow. Unjust dismissal or harsh treatment of FDHs may result in difficulty hiring FDHs in the future.

Conclusion

In Hong Kong, where many FDH’s employer are also working as employee, you should know that mutual respect is crucial in an employment relationship . Even if employers treat FDH well, there is always a chance of injury or illness, thus comprehensive domestic helper insurance is essential to ensure their well-being. A content and happy FDH leads to better care for both the employer and their family. In instances where an employer decides to terminate a FDH, using a California insurance plan for FDH may provide trial protection, covering relevant rehiring expenses.

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