Foreign domestic helper accommodation and driving arrangement

Employers often seek foreign domestic workers to ease household burdens and provide care for family members. Typical duties include cleaning, grocery shopping, cooking, and caring for children or the elderly. In online forums, some employers inquire whether domestic helpers can also serve as drivers. This raises questions about the legality of helpers driving children to school as part of their duties. Additionally, in cramped living conditions like those in Hong Kong, having the financial means to hire a foreign domestic helper doesn't always mean having extra rooms. So, the question arises whether it's feasible to accommodate a helper in the living room.

Can foreign domestic helpers be employed as drivers?

According to the Standard Employment Contract provided by the Immigration Department, the duties of foreign domestic workers do not include driving cars, regardless of whether the vehicle belongs to the employer. It would be a breach of contract for the employer and the helper to privately agree on the helper taking on driving duties. The government may penalize both parties for providing false or misleading information, according to Section 42 of the Immigration Ordinance, with fines up to HK$100,000 and two years' imprisonment. Helpers who violate the terms of their stay can be fined up to HK$50,000 and face two years' imprisonment under Section 41 of the Immigration Ordinance. Employers or anyone soliciting helpers for driving work can be charged with aiding and abetting the helpers in violating the terms of their stay, facing similar penalties upon conviction.

However, special permission can be sought from the Immigration Department.

To accommodate some employers' needs, the Immigration Department has special arrangements allowing helpers to drive within the scope of their duties (such as household chores, cooking, caring for the elderly, babysitting), but not for tasks like chauffeuring employers to work or moving goods. If an employer wishes to have a helper perform driving tasks related to household work, they need to apply for special permission from the Immigration Department.

Application form for special permission for foreign domestic workers to drive cars: https://www.immd.gov.hk/eng/forms/forms/id934a.html

Can foreign domestic helpers be accommodated in the living room?

According to the Standard Employment Contract and its appendix on accommodation and household arrangements, employers must provide helpers with suitable and reasonably private accommodation free of charge. The contract lists examples of unsuitable living conditions, including temporary beds in corridors without personal space or sharing a room with adult or teenage members of the opposite sex.

It's important for employers to promise the government suitable and reasonably private accommodation for helpers when submitting the application to hire them and to specify the accommodation arrangements in the contract, such as whether a separate room will be provided or if the helper will share a room with other family members. The government will assess the proposed arrangements based on the information provided by the employer. Failure to provide suitable and reasonable accommodation may result in the rejection of the application.

However, some employers have indicated their willingness to allow helpers to stay in the living room. If both parties agree to such an arrangement and it's clearly stated during the interview and in the contract, it should be explicitly mentioned in the application, ensuring that the living room accommodation provides reasonable privacy. Otherwise, even if the application is approved, any future issues between the employer and the helper regarding this arrangement may not favor the employer.

Conclusion

Requesting helpers to take on additional duties may affect insurance coverage. Employers should consult their insurance company for any questions. Moreover, if helpers are regularly accommodated in the living room, it could have implications for their mental and physical health. Even if agreed upon by both parties, employers should strive to provide more suitable and reasonably private accommodation. Otherwise, accidents or illnesses resulting from helpers' mental or physical strain due to prolonged sofa sleeping may lead to medical expenses, ultimately borne by the employer. Therefore, opting for comprehensive and high-coverage domestic helper insurance is crucial.

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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use