What is a “Standard Employment Contract” for foreign domestic helper?

When reading articles about foreign domestic helpers, the term "standard employment contract" is frequently mentioned. What exactly does the standard employment contract entail and what clauses should be noted? The following article will provide a brief overview.

What is a Standard Employment Contract?

The standard employment contract is formulated by the Hong Kong government with the aim of safeguarding the rights and interests of both employers and foreign domestic helpers. This document can be downloaded from the website of the Immigration Department, with the form code ID407. Download URL: https://www.immd.gov.hk/eng/forms/forms/id407.html

This form is the only recognized contract by the Immigration Department for employers in Hong Kong to apply for and hire foreign domestic helpers from overseas. The contract is governed by Hong Kong legislation, including the Employment Ordinance (Chapter 57), Immigration Ordinance (Chapter 115), and Employees' Compensation Ordinance (Chapter 282). It is a mandatory document that foreign domestic helpers must present when entering Hong Kong.

Contents of the Standard Employment Contract

The standard employment contract consists of 17 clauses, including:

1.      Address of the foreign domestic helper in their home country.

2.      Effective date – valid for 2 years, the regulations specify that the foreign domestic helper must return to their home country upon contract completion. It covers different situations such as initial arrival in Hong Kong, renewal, and signing a contract with a new employer.

3.      Sole address of the employer as the place of work and residence for the foreign domestic helper. For details, please refer to: Restrictions on the scope of work of foreign domestic helpers

4.      Employment restrictions – Clearly state the scope of work for the foreign domestic helper and specify that they cannot take on any part-time jobs or duties other than household chores. For details, please refer to: Restrictions on the scope of work of foreign domestic helpers

5.      Wage payment, deduction, and meal allowance arrangements – Foreign domestic helpers are entitled to the protection of minimum wage, and employers cannot contract them for a salary lower than the minimum wage. If employers arrange for foreign domestic helpers to eat on their own, they must provide a meal allowance not less than the government regulations. The Hong Kong government reviews the minimum wage and meal allowance for foreign domestic helpers annually. Please pay attention to the latest amounts announced by the government. Wage deductions – Employers cannot deduct the wages of foreign domestic helpers unless allowed under the Employment Ordinance. For details, please refer to the article: Minimum wage and food allowance adjustment for foreign domestic helpers(September 2023)

6.      Provisions for paid leave and rest days – For related reading: Understanding the regulations for foreign domestic helpers' holidays

7.      Transportation expenses for foreign domestic helpers to travel to and from Hong Kong for work and upon completion of the contract.

8.      Repayment of advanced expenses to foreign domestic helpers – Such as medical examination and visa fees.

9.      Insurance for foreign domestic helpers – This clause requires employers to purchase insurance for foreign domestic helpers, in accordance with Part IV of the Employees' Compensation Ordinance, which mainly covers accidents and illnesses arising from work, and the medical expenses are borne by the employer. For details, please refer to the article: What is Foreign Domestic Helper Insurance?

10.  Termination of contract by the employer without notice – For details, please refer to the article: Termination of Foreign Domestic Helper Contracts with Salary & Insurance Arrangements

11.  Termination of contract by the foreign domestic helper without notice – For details, please refer to the article: Termination of Foreign Domestic Helper Contracts with Salary & Insurance Arrangements

12.  Both parties must notify the Immigration Department within 7 days of terminating the contract – For details, please refer to the article: Termination of Foreign Domestic Helper Contracts with Salary & Insurance Arrangements

13.  Additional leave beyond statutory annual leave.

14.  Arrangements for the repatriation of the foreign domestic helper's body in case of death.

15.  Extension of the contract for a short period of time – If an extension of the contract for a short period of time is needed, the foreign domestic helper must apply for an extension of stay in Hong Kong from the Immigration Department, which is generally only approved in special circumstances.

16.  In addition to the above clauses, foreign domestic helpers are also protected by the Employment Ordinance, Immigration Ordinance, and Employees' Compensation Ordinance.

17.  Health certificate for foreign domestic helpers – Foreign domestic helpers need to provide a health certificate, and both parties agree that the helper's physical condition is suitable for work.

In addition to both the employer and the foreign domestic helper needing to sign the contract, witnesses from both parties are also required to sign, and the document must be submitted to the Immigration Department afterwards.

In the appendix of the standard employment contract, the responsibilities regarding "accommodation and household arrangements" need to be clearly stated, such as babysitting, caring for elderly family members, cooking, and household chores, etc. For details, please refer to: Restrictions on the scope of work of foreign domestic helpers

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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