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Pregnancy and Maternity Leave Arrangements for Foreign Domestic Helper

There was a Facebook post on a online media shared a news about a female employer taking her pregnant foreign domestic helper to a clinic and threatening immediate termination if she did not have an abortion. This incident has generated a lot of debate, with most comments expressing empathy while others suggested terminating the contract. So, what are the rules surrounding the employment of a pregnant foreign domestic helper and what should employers be aware of?

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Standard Employment Contract Kevin KF Standard Employment Contract Kevin KF

Restrictions on the scope of work of foreign domestic helpers

This article begins by discussing the scope of work for FDHs and shares the regulations that employers must comply with. Since FDHs need approval from the Immigration Department and the issuance of a work visa to work in Hong Kong, employers must also comply with the "Immigration Ordinance" and the conditions specified in the work visa. Employers must be aware of the content of these regulations, as failure to do so may result in charges for aiding or abetting FDHs in violating their visa conditions, leading to potential prosecution.

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Termination of Foreign Domestic Helper Contracts with Salary & Insurance Arrangements

Dealing with the termination of a Foreign Domestic Helper(FDH) contract in Hong Kong is not as straightforward as hiring one. Employers must adhere to various regulations outlined in the "Standard Employment Contract." Below, we outline the scenarios for terminating a FDH contract, and its salary and insurance arrangements.

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5 Ways to Building Harmonious Employer-Employee Relationships with Foreign Domestic Helpers

Many Foreign Domestic Helpers’ employers have their own job as employees, thus they must know the importance of a positive employer-employee relationship. If employers consistently communicate with their Foreign Domestic Helpers(FDHs) in a negative manner, fail to appreciate their efforts, and engage in criticism without recognition, employees are likely to become disheartened, demotivated, as a result, their productivity may decrease, or may even consider resigning. The same principles apply when dealing with FDHs, with the distinction that they are live-in employees, moreover, they have left their home countries to work in Hong Kong, often with different linguistic and cultural backgrounds. Hence, it's crucial to treat them as we would like to be treated. Below are some insights on interacting with Foreign Domestic Helpers:

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Can I “buy” the paid holiday from the foreign domestic helpers?

According to the Employment Ordinance, foreign domestic helpers(FDHs) are entitled to rest days, statutory holidays, and paid annual leave, among other benefits. Employers should discuss arrangements with their FDHs , such as whether rest days are fixed or flexible, as soon as possible after their arrival or even during the interview. Employers usually hire FDHs for tasks like housework, childcare, or elderly care. Sometimes, there may be a need for their services on the FDH’s rest day. Can employers request to compensate them with wages in lieu of the leave day, in addition to requesting leave changes? And, would such arrangements violate the Employment Ordinance or the employment contract?

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Minimum wage and food allowance adjustment for foreign domestic helpers(September 2023)

Every year around September, the government announces adjustments to the minimum wages and food allowance for foreign domestic helpers (FDHs) in Hong Kong. This year's adjustments have been made public, with both items being increased for the second consecutive year. Let's take a closer look at the increases and the effective date.

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Foreign Domestic Helper falls seriously ill right after arrival! Is the employer required to take responsibility?

Last year, there was a news reporting "Filipino Domestic Helper Falls Seriously Ill Right After Arrival! Employer Pays for ICU Treatment, Medical Costs Totaling...". The story highlights a Filipino domestic helper who, shortly after arriving in Singapore, felt unwell on her almost immediately. She eventually had to stay in the Intensive Care Unit (ICU) for 27 days, and medical examinations revealed she suffered from renal failure and pulmonary tuberculosis. Fortunately, her condition stabilized, and she was able to return home for further treatment via a medical charter flight. However, the total cost of her 27-day treatment and the medical flight amounted to nearly HK$930,000. Fortunately, her employer, generously covered these expenses and even provided emergency funds to the helper's family. Have you ever wondered what would happen if a similar situation occurred in Hong Kong?

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Part II - Privacy of Foreign Domestic Helpers - Can Cameras be Installed for Monitoring

The first part we have discussed that conducting surveillance on foreign domestic helpers(FDHs) is not as straightforward as one might think. This is because FDHs are also protected by the Personal Data (Privacy) Ordinance. Therefore, the Labour Department recommends a series of methods to be attempted before resorting to surveillance in order to safeguard the privacy of FDHs and establish a trusting employment relationship.

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Privacy Kevin KF Privacy Kevin KF

Privacy of Foreign Domestic Helpers - Can Cameras be Installed for Monitoring (Part 1)

Many employers who hire foreign domestic helpers(FDHs) not only to share the duties of housework and cooking but also to assist in taking care of children or elderly family members. They may consider installing surveillance cameras at home to observe and monitor the working performance of FDHs. Employers conducting surveillance on their employees at home are subject to legal regulation, which may involve the collection of personal data under The Personal Data (Privacy) Ordinance. According to this ordinance, if the identity and personal data of employees in the workplace have been determined, employers must adhere to the requirements of the six data protection principles under the Privacy Ordinance.

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Minimum Wage, Meal Allowance, and Maternity Leave Arrangements for Foreign Domestic Helpers in Hong Kong

When hiring foreign domestic helpers(FDHs) in Hong Kong, employers are required to adhere to a series of regulations set by the government in the "Standard Employment Contract." Failure to comply with these requirements can result in fines or even imprisonment for employers. Therefore, prospective employers should pay close attention. This article will share information about the minimum wage, meal allowance, and maternity leave arrangements for foreign domestic helpers.

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What is Foreign Domestic Helper Insurance?

With the development of Internet, there has been a trend in recent years of hiring foreign domestic helpers (FDH) directly by the employer rather than employment agency. Based on the Immigration Department's Standard Employment Contract and Terms of Employment for Helpers (“Standard Employment Contract”), employers have a legal responsibility for the medical expenses and certain legal liabilities of the FDH during the contract period. As a result, a variety of FDH insurance products have emerged in the market. We would like to share the basic knowledge of these products to help you have a better picture about FDH insurance.

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Things to Consider When Using Foreign Domestic Helpers Employment Agencies

There is a trend among HK employers of hiring foreign domestic helpers(FDH) directly recent years, but many potential employers are still preferring to use the services of FDH employment agencies due to their limited time and inexperience. There are over 1,400 licensed employment agencies providing FDH services in Hong Kong, the service fees ranging from thousands to tens of thousands. The quality of service among these agencies varies, so how should employers select a right agency?

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