How to handle suspicion of theft by a foreign domestic helper, and what is loyalty assurance?

Occasionally in Facebook groups discussing foreign domestic helpers, and even in news reports, there are stories about theft by foreign domestic helpers. Even celebrities are not exempt from this, with the case of Angela Hui being widely known as a victim of theft by a foreign domestic helper. There are also reports of relatives of renowned tutors being convicted and sentenced to two years' imprisonment for theft by foreign domestic helpers. Many people say that hiring a high-quality foreign domestic helper in Hong Kong relies heavily on luck. It is indeed true that if you hire a foreign domestic helper who has never worked in Hong Kong through an agency, you can only rely on online or telephone interviews and the reputation of the agency to hire a domestic helper you have never met. The quality is difficult to guarantee, and those who have completed contracts in Hong Kong through friend referrals may be more reliable, but there are fewer options. If unfortunately, there is suspicion or discovery of theft by a foreign domestic helper, how should an employer handle it? Also, how can compensation through insurance be obtained?

How to handle suspicion or discovery of theft by a foreign domestic helper?

If you suspect a foreign domestic helper of theft, the first thing to do is to make sure that you haven't misplaced items or that family members haven't moved items to other locations, as you might wrongly accuse someone. If you are sure you haven't misplaced anything, then you need to gather evidence; otherwise, the helper will typically deny any wrongdoing. Marking items and bills and installing CCTV are effective methods. However, before installing CCTV, you must inform the helper in writing clearly that CCTV is installed inside the house. Employers must clearly explain surveillance measures to the domestic helper without ambiguity, otherwise, they may violate the Personal Data (Privacy) Ordinance. For detailed requirements, please refer to " Privacy of Foreign Domestic Helpers - Can Cameras be Installed for Monitoring. Once theft by the helper is confirmed, the police should be informed immediately.

CCTV evidence must be kept complete records because there have been court cases where employers provided trimmed CCTV footage to the police, and the defense lawyer questioned whether the employer had tampered with the footage, resulting in the foreign domestic helper being acquitted. Eventually, the helper even filed an emotional claim for over HKD 90,000. Therefore, it is recommended that employers do not expose the domestic helper on the spot before the police arrive to reduce the risk to family members.

Tips to reduce the chance of theft by a foreign domestic helper:

l   Avoid casually leaving cash, wallets, watches, and other valuables lying around.

l   Install a safe at home, only open it when the domestic helper cannot see, and avoid being seen entering the password. If there are keys, keep them safe.

l   Valuables can be placed in a bank safe deposit box.

l   The room where valuables are kept should not be entered casually and should be locked. Usually, it's the master bedroom, and only cleaning is allowed to enter.

l   Pay attention to the financial situation of the domestic helper, whether suddenly having money or debt problems.

What is loyalty assurance for foreign domestic helpers?

Many insurance companies now offer comprehensive insurance for foreign domestic helpers, including a "loyalty assurance," which compensates employers for losses incurred due to fraud or theft by the domestic helper, with compensation ranging from thousands to tens of thousands of dollars. Apart from theft, economic losses incurred due to unauthorized use of long-distance telephone charges or "dishonest" behavior by the foreign domestic helper requiring replacement of locks and gates may also be compensated. It is stipulated that employers must report such disloyal behavior within a certain period after the policy terminates or the employment contract terminates, and police action must be taken. Some plans require the foreign domestic helper to be prosecuted and convicted in a local court before compensation can be made. Employers should carefully read the coverage scope and relevant terms before purchasing.

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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