top of page
DDH No Background Eng Only.png

Brief Notes of Standard Employment Contract for a Domestic Helper Recruited from Outside Hong Kong ID407 (“SEC”)

香港聘用外籍家庭傭工（外傭）必須使用入境事務處規定的《標準僱傭合約》（表格 ID407）。這份合約具有法律效力，為期 2 年，直接影響僱主與外傭的權益保障。以下為您整理 ID407 合約的核心條款、工作時數限制、解僱補償計算及常見問題。

Brief Notes of Standard Employment Contract for a Domestic Helper Recruited from Outside Hong Kong ID407 (“SEC”)

Sample：

Employment Contract for a Domestic Helper Recruited from Outside Hong Kong - Chinese version

Employment Contract for a Domestic Helper Recruited from Outside Hong Kong - English version

​ID407E Notification of Termination of an Employment Contract

​

Helpers’ Contract Term & Limit of Stay

​

Medical Exam for helpers


A medical certificate proving the helper’s fitness for employment has been inspected by the employer. The medical exam arrangement depends on where the helper is located when applying for the visa.

​

2-year Contract Term
Commencing on the date depending on the contract situation:

  • New Hire from Overseas : Commencing on the date on which the helper arrives in Hong Kong.

  • Renewal with Home Leave taken immediately : Commencing on the date on which the helper arrives in Hong Kong.

  • Renewal with Home Leave deferred : Commencing on the date following the expiry of the previous SEC with the same employer.

  • Change of Employer in Hong Kong : Commencing on such date as granted by HK Immigration.
     

Variation of SEC

  • ID407G : To vary the employer’s residential address / Schedule of Accommodation and Domestic Duties, ID407G shall be submitted to HK Immigration. Changes may relate to: residential address, size of flat (para 2), household members to be served (para 2), no. of helpers at work (para 2), helper’s accommodation (para 3), facilities (para 3), major domestic duties (para 5).

  • Variation : Save for the above changes, any other variations made without the Commissioner of Labour’s consent shall be void.

  • Separate Agreement : Any separate agreement between the employer and helper on less favourable terms (e.g. reducing pay or holiday entitlements) is void and unenforceable in Hong Kong.

Limit of Stay

  • Limit of Stay : The expiry date of the SEC or 2 weeks after termination of SEC, whichever is earlier.

  • Extended Term : Not exceeding 1 month (only under exceptional circumstances + undertaking not to further apply for renewal + mutually agreed + subject to the approval of the Director of Immigration).

Employers’ Responsibilities

Cost

  • Round Trip Passage : Free passage i) from the place of origin to Hong Kong and ii) to the place of origin upon completion or termination of the SEC (Provided that no allowance shall be payable by employers in respect of any period in which helpers, of their own wishes, extend their stays in Hong Kong).

  • Round Trip Allowance : For travelling to and from the place of origin, daily food and travelling allowance of HK$100 per day (no. of days to be determined by the most direct route between the helper’s place of origin and the employer’s contractual address).

  • Expense Reimbursement : Expenses incurred by the helper for the departure from the helper’s place of origin and entry into Hong Kong (e.g. fees for medical exam, Consulate’s authentication, visa, insurance & administration).

  • Medical Protection : Free medical treatment during the employment term in Hong Kong (e.g. medical consultation, hospitalization & emergency dental treatment).

  • Employee Compensation : Compensation for the helper’s injury by accident or occupational disease in accordance with the Employees’ Compensation Ordinance.

  • Remains Shipping Cost : Cost of transporting the helper’s remains and personal property back to the helper’s place of origin.

Accommodation

  • Place of Residence : Must reside in the employer’s residence.

  • Accommodation : Suitable accommodation with reasonable privacy (which should not be: Made-do beds in the corridor with little privacy OR Sharing a room with an adult/teenager of the opposite sex).

  • Facilities :

    • Mandatory: light & water supply, toilet & bathing facilities, bed, blankets/quilt, pillows, wardrobe.

    • Optional: refrigerator, desk, other facilities.

Wages & Holidays

  • Wages (Monthly) : Not less than the Minimum Allowable Wage prescribed by law; to be paid by cash (with receipt acknowledged by the helper) or by bank transfer within 7 days of the end of the wage period.

  • Food Allowance (Monthly) : To provide either food free of charge or food allowance; to be paid and have its receipt acknowledged in the same manner as the wages.

  • Holidays : Rest days, statutory holidays, paid annual leave.

  • Criminal Offence : An employer who fails to pay the wages in accordance with clause 5(a) of the SEC shall be liable to criminal prosecution.

  • Home Leave before Contract with New Employer / Contract Renewal : Before the new SEC commences, the helper shall return to the helper’s place of origin at the expense of the employer for a vacation of not less than 7 days (whether any wage is payable during such vacation shall be determined by reference to the SEC) Provided that paid annual leave cannot be used to offset or replace the mandatory 7-day home leave.

  • Extension of Stay : The above provisions about Home Leave apply unless prior approval for extension of stay of not exceeding 1 year by the Director of Immigration has been obtained (and the deferred Home Leave must be taken during the period).

Termination or Variation of SEC

Termination

  • Early Termination : By giving the other party 1 month’s notice in writing or 1 month’s wages in lieu of notice.

  • Summary or Constructive Dismissal : Under circumstances permitted by the Employment Ordinance, terminating the SEC without notice or payment in lieu is allowed.

  • Health Issues : If the helper is certified medically to be unfit for the employment, the employer may terminate the SEC.

  • ID407E : Within 7 days of the date of termination, both parties shall submit Form ID407E (together with a copy of the other’s written acknowledgement of the termination) to HK Immigration.

Helpers’ Scope of Duties

  • Scope of Duties : To perform in the employer’s residence only domestic duties as stipulated in the Schedule of Accommodation and Domestic Duties attached to the SEC.

  • Primary Duties : Household chores, cooking, looking after aged persons in the household (whether constant care is required shall be determined by reference to the SEC), baby-sitting, child-minding.

  • Exterior Window Cleaning :

    • Only clean the outside of windows if it is safe to do so (such as on the ground floor or adjacent to a balcony or common corridor); or

    • The window is fitted with a locked safety grille, and

    • Only the helper's arms extend past the window ledge.

  • Criminal Offence : Employers can be criminally prosecuted if they require or allow a helper to work in breach of clause 4(a) of the SEC.

Illegal Work

  • Illegal Employment : Not to engage in any other employment, work for any other person, or perform any other work (e.g. part-time or non-domestic duties).

  • Criminal Offence : Employers can be criminally prosecuted if they require or allow a helper to work in breach of clause 4(b) of the SEC.

  • Driving Duties : Not to drive any vehicle without written consent from the Director of Immigration via mutual application Form ID934A.

Consequences of Breaches
If the following offences or breaches are committed, an employer may be considered ineligible to employ a helper:

  • Offences relating to a helper under immigration/labour laws (including aiding and abetting in the breach of a condition of stay);

  • Offences relating to assault or harassment of a helper;

  • Abuse or exploitation of a helper; or

  • Breach of the SEC or the undertaking given under “Application for Employment of Domestic Helper from Abroad” (ID 988B).

If the following offences or breaches are committed, future application by a helper for employment visa or extension of stay may be refused:

  • Offences under immigration laws;

  • Abuse of premature termination of employment contract to change employers; or

  • Breach of the SEC or the undertaking given under “Visa/Extension of Stay Application Form for Domestic Helper from Abroad” (ID 988A).

Brief Notes of Employment Ordinance

Helpers enjoy the same protection as local employees under the Employment Ordinance. They are further entitled to the rights and benefits specified in the SEC.

​

I. Deduction from Wages


Employers may deduct from the wages of their helpers only under the following circumstances, provided that the total of such deductions—excluding those for absence from work—does not exceed one half of the wages payable in that wage period:

  • Deduction for absence from work not exceeding a sum proportionate to the period of absence;

  • For damage to or loss of the employer’s goods, equipment, or property, subject to the limits of: i) HK$300 in any one case; and ii) one-quarter of the wages payable to the helper in that wage period, in aggregate;

  • Deductions for the recovery of any advance or over-payment of wages made by employers to their helpers, subject to the limit of one quarter of the wages payable to the helper in that wage period; and

  • Deductions, with the helper’s written consent, for the recovery of any loan made by the employer to the helper.
     

Penalties for each offence:

  • Underpayment of wages : a max. fine of HK$350,000 and imprisonment for 3 years

  • Unlawful deduction of wages : a max. fine of HK$100,000 and imprisonment for 1 year

  • Making false representation : a max. fine of HK$150,000 and imprisonment for 14 years
     

Attention! A helper should never sign or acknowledge receipt of any wages or payments that have not actually been paid in full.
 

II. Termination of Employment Contract


Employers shall, on termination of the employment contract, give their helpers:

  • 1 month's prior notice in writing or 1 month's wages in lieu of notice;

  • Outstanding wages;

  • Payment in lieu of any untaken annual leave, and any pro-rata annual leave pay for the current leave year;

  • Severance payment or long service payment (where appropriate); and

  • Return passage to the place of origin, food and travelling allowances.
     

No dismissal under the following circumstances (unless summary dismissal applies):

  • The helper has been confirmed pregnant and has served a notice of pregnancy to the employer;

  • The helper is on paid sick leave;

  • Dismissal by reason of the helper giving of evidence or information in any proceedings or inquiry in connection with law enforcement or work accidents;

  • Dismissal for trade union membership or activities; or

  • Before entering into an agreement with the helper who is injured at work for employee’s compensation, or before the issue of a certificate of assessment.
     

III. Summary or Constructive Dismissal (without notice or payment in lieu)

​

Summary dismissal may be taken by employers (applicable only if the helpers have committed very serious misconduct or failed to improve after repeated warnings):

  • Wilfully disobey a lawful and reasonable order

  • Misconduct themselves

  • Are guilty of fraud or dishonesty

  • Are habitually neglectful in their duties

  • ​

Constructive dismissal may be taken by helpers (applicable only if there are sufficient justifications; otherwise, the employer may claim against the helper) if they:

  • Reasonably fear physical danger by violence or disease

  • Are subject to ill-treatment by their employers

  • After having been employed for at least 5 years, are certified by a registered medical practitioner as being permanently unfit for the present job
     

Attention! To reduce the chance that helpers, after receiving the cash, overstay in Hong Kong or only depart for neighbouring places instead of returning to their places of origin, employers are advised:

  • i) to provide an air ticket with basic checked luggage to the helper instead of cash equivalent to the value of the air ticket; and

  • ii) to confirm with the helper the departure arrangements (such as departure date and destination, etc.) before purchasing the air ticket.
     

IV. Helpers’ Entitlement to Holidays

​

Paid annual leave

  • Following completion of 1 year's service : Entitled to annual leave with pay within a period of 12 months, with the number of days increasing progressively from 7 days to 14 days (according to the length of service).

  • After 3 months but less than 12 months : Entitled to a pro rata sum in lieu of annual leave (unless dismissed summarily by the employer due to serious misconduct).
     

Rest day (a continuous period of not less than 24 hours)

  • Entitled to not less than 1 rest day in every period of 7 days.

  • A helper is entitled to refuse to work for the employer on rest days.

  • An employer who compels the helper to work on rest days is liable to a maximum fine of HK$50,000.

  • The substituted rest day shall be granted within the same month before the original rest day or within 30 days after it.
     

Statutory holidays

  • Before completion of 3 months of employment : unpaid holiday.

  • On completion of 3 months of employment : paid holiday.

  • Statutory holiday pay should be paid to the helper not later than the next normal pay day after that statutory holiday.
     

Attention! Employers are prohibited from paying extra money to helpers to work on a statutory holiday instead of giving them the day off (i.e. the so-called “buy-out of holidays”). If employers require the helper to work on a statutory holiday, they should give the helper at least 48 hours’ prior notice and arrange an alternative holiday for the helper within 60 days before or after the statutory holiday. Therefore, employers should arrange 3 days of alternative holidays either consecutively or separately for a helper who works on the 3 statutory holidays during the Lunar New Year.

​

V. Sickness Allowance

​

  • During the first 12 months of employment : A helper is entitled to sickness allowance at the rate of 2 paid sickness days for each completed month of employment; and thereafter: 4 paid sickness days for each month of service. Paid sickness days may be accumulated up to a maximum of 120 days.

  • A helper is not entitled to sickness allowance if the sick leave is less than 4 consecutive days. The daily rate of sickness allowance is equal to four-fifths of the average daily wages.
     

VI. Paid Maternity Leave - 14 consecutive weeks (for female helper only)

​

Eligible if the helper:

  • Has been employed for a period of not less than 40 weeks immediately before the commencement of scheduled maternity leave;

  • Has given notice of pregnancy and her intention to take maternity leave to her employer after the pregnancy has been confirmed, for example, by presenting a medical certificate confirming her pregnancy; and

  • Has produced a medical certificate specifying the expected date of confinement, if so required by the employer.
     

Calculation and Reimbursement of Maternity Leave Pay:

  • Daily rate of maternity leave pay : four-fifths of the average daily wages of the helper.

  • Reimbursement of Maternity Leave Pay Scheme : an employer, after payment of all maternity leave pay on the normal pay day, may apply to the Government for reimbursement of the 11th to 14th weeks’ maternity leave pay payable and paid.

Brief Notes of Employees’ Compensation Ordinance

If a helper sustains an injury or dies as a result of an accident arising out of and in the course of employment, the employer is in general liable to pay compensation under the Employees’ Compensation Ordinance. An injured helper should notify the employer of the accident as soon as possible, and an employer must report the accident to the Commissioner for Labour within 14 days (or 7 days in the case of fatal accidents) after the accident. A helper who suffers incapacity arising from an occupational disease specified in the Employees’ Compensation Ordinance is entitled to the same compensation and protection.

Others

  1. Other main provisions of the Employment Ordinance - i) Maternity protection; ii) Severance payment; iii) Long service payment; and iv) Employment protection: “A Concise Guide to the Employment Ordinance” prepared by the Labour Department.
     

  2. Information on the Employment Ordinance:
    i) the Labour Department’s website (https://www.labour.gov.hk/eng/faq/content.htm) and
    ii) hotlines (2717 1771/ 2157 9537).
     

  3. To seek advice or assistance on matters relating to the SEC or the Employment Ordinance: the branch offices of the Labour Relations Division of the Labour Department
     

  4. Free conciliation service to resolve claims under the Employment Ordinance or employment contracts: the branch offices of the Labour Relations Division of the Labour Department. If conciliation is unsuccessful, the Labour Department will refer the case to the Minor Employment Claims Adjudication Board or the Labour Tribunal for adjudication.
     

  5. In case of emergencies, physical abuse or sexual assault: call 999 immediately or visiting a nearby police station for assistance.

​

If you are paid less than the wages stipulated in the SEC, you should check with your employer to see if there is any miscalculation.. If your employer has underpaid you without a reasonable explanation, you should seek assistance from the branch offices of the Labour Relations Division of the Labour Department immediately.

​

Read More

A Concise Guide to the Employment Ordinance - Chinese Version

A Concise Guide to the Employment Ordinance - English Version

Know Your Obligations. Be a Responsible and Smart Employer - Chinese Version

Know Your Obligations. Be a Responsible and Smart Employer - English Version

​

ID407 常見問題🙋

  • 香港的標準僱傭合約 (ID 407)是香港入境事務處唯一承認、用於聘請海外家庭傭工的法定合約，主要包含17項核心條款。 

    ​

    主要內容與核心條款

    • 合約期限：合約有效期為兩年。期滿後如不續約，傭工須返回原居地，費用由僱主負擔。

    • 工作性質與地點：外傭只可在合約指定的僱主住址工作，並執行附表列明的家務（如煮食、照顧老小或家務雜務），必須留宿。

    • 薪酬待遇：訂明必須支付不低於香港法定之外傭最低工資，並列明出糧日期及方式。

    • 住宿安排：僱主必須提供免費、合適及有合理私隱的留宿地方。

    • 假期安排：明確規定傭工享有的有薪假期，包括每周休息日、法定假日及有薪年假。

    • 醫療與保險：僱主須負擔傭工在港期間的免費醫療、診治及住院費用，並通常需購買相應的勞工保險。

    • 其他費用與終止條款：列明來回機票、簽證費用由僱主承擔，並訂明雙方在甚麼情況下可以預先通知或即時終止合約。 

  • 香港《標準僱傭合約》（表格 ID 407）是入境事務處規定的法定文件，用於聘用外籍家庭傭工。

    ​

    • 不可下載列印：ID 407 不接受網上下載版本。僱主必須向入境處索取官方正本（一式四份）。

    • 索取方式：親臨入境事務處總部及各分區辦事處索取；或可電郵至 enquiry@immd.gov.hk 索取。 

  • 在香港，外籍家庭傭工（外傭）在外留宿屬於違法行為。 

    ​

    法律與政策規定

    • 強迫同住：根據香港入境處的《標準僱傭合約》（ID407），外傭必須在合約上訂明的僱主住址工作和居住。

    • 全面禁止外宿：自2003年4月1日起，入境處已全面停止批准外傭外宿的申請。即使僱主與外傭雙方同意或私下協議，外宿依然違反逗留條件。 

      嚴重法律後果

    • 虛假陳述與串謀詐騙：若僱主安排外傭外宿，向入境處申報時填寫與實際居住不符的地址，可能被視為向入境處職員作虛假陳述或串謀詐騙。

    • 刑罰：一經定罪，最高可被判處罰款港幣 15 萬元及入獄 14 年，外傭亦可能因違反逗留條件而被遣返。

Brief Notes of Standard Employment Contract for a Domestic Helper Recruited from Outside Hong Kong ID407 (“SEC”)

Sample：

Employment Contract for a Domestic Helper Recruited from Outside Hong Kong - Chinese version

Employment Contract for a Domestic Helper Recruited from Outside Hong Kong - English version

​ID407E Notification of Termination of an Employment Contract

​

Helpers’ Contract Term & Limit of Stay

​

Medical Exam for helpers


A medical certificate proving the helper’s fitness for employment has been inspected by the employer. The medical exam arrangement depends on where the helper is located when applying for the visa.

​

2-year Contract Term
Commencing on the date depending on the contract situation:

  • New Hire from Overseas : Commencing on the date on which the helper arrives in Hong Kong.

  • Renewal with Home Leave taken immediately : Commencing on the date on which the helper arrives in Hong Kong.

  • Renewal with Home Leave deferred : Commencing on the date following the expiry of the previous SEC with the same employer.

  • Change of Employer in Hong Kong : Commencing on such date as granted by HK Immigration.
     

Variation of SEC

  • ID407G : To vary the employer’s residential address / Schedule of Accommodation and Domestic Duties, ID407G shall be submitted to HK Immigration. Changes may relate to: residential address, size of flat (para 2), household members to be served (para 2), no. of helpers at work (para 2), helper’s accommodation (para 3), facilities (para 3), major domestic duties (para 5).

  • Variation : Save for the above changes, any other variations made without the Commissioner of Labour’s consent shall be void.

  • Separate Agreement : Any separate agreement between the employer and helper on less favourable terms (e.g. reducing pay or holiday entitlements) is void and unenforceable in Hong Kong.

Limit of Stay

  • Limit of Stay : The expiry date of the SEC or 2 weeks after termination of SEC, whichever is earlier.

  • Extended Term : Not exceeding 1 month (only under exceptional circumstances + undertaking not to further apply for renewal + mutually agreed + subject to the approval of the Director of Immigration).

Employers’ Responsibilities

Cost

  • Round Trip Passage : Free passage i) from the place of origin to Hong Kong and ii) to the place of origin upon completion or termination of the SEC (Provided that no allowance shall be payable by employers in respect of any period in which helpers, of their own wishes, extend their stays in Hong Kong).

  • Round Trip Allowance : For travelling to and from the place of origin, daily food and travelling allowance of HK$100 per day (no. of days to be determined by the most direct route between the helper’s place of origin and the employer’s contractual address).

  • Expense Reimbursement : Expenses incurred by the helper for the departure from the helper’s place of origin and entry into Hong Kong (e.g. fees for medical exam, Consulate’s authentication, visa, insurance & administration).

  • Medical Protection : Free medical treatment during the employment term in Hong Kong (e.g. medical consultation, hospitalization & emergency dental treatment).

  • Employee Compensation : Compensation for the helper’s injury by accident or occupational disease in accordance with the Employees’ Compensation Ordinance.

  • Remains Shipping Cost : Cost of transporting the helper’s remains and personal property back to the helper’s place of origin.

Accommodation

  • Place of Residence : Must reside in the employer’s residence.

  • Accommodation : Suitable accommodation with reasonable privacy (which should not be: Made-do beds in the corridor with little privacy OR Sharing a room with an adult/teenager of the opposite sex).

  • Facilities :

    • Mandatory: light & water supply, toilet & bathing facilities, bed, blankets/quilt, pillows, wardrobe.

    • Optional: refrigerator, desk, other facilities.

Wages & Holidays

  • Wages (Monthly) : Not less than the Minimum Allowable Wage prescribed by law; to be paid by cash (with receipt acknowledged by the helper) or by bank transfer within 7 days of the end of the wage period.

  • Food Allowance (Monthly) : To provide either food free of charge or food allowance; to be paid and have its receipt acknowledged in the same manner as the wages.

  • Holidays : Rest days, statutory holidays, paid annual leave.

  • Criminal Offence : An employer who fails to pay the wages in accordance with clause 5(a) of the SEC shall be liable to criminal prosecution.

  • Home Leave before Contract with New Employer / Contract Renewal : Before the new SEC commences, the helper shall return to the helper’s place of origin at the expense of the employer for a vacation of not less than 7 days (whether any wage is payable during such vacation shall be determined by reference to the SEC) Provided that paid annual leave cannot be used to offset or replace the mandatory 7-day home leave.

  • Extension of Stay : The above provisions about Home Leave apply unless prior approval for extension of stay of not exceeding 1 year by the Director of Immigration has been obtained (and the deferred Home Leave must be taken during the period).

Termination or Variation of SEC

Termination

  • Early Termination : By giving the other party 1 month’s notice in writing or 1 month’s wages in lieu of notice.

  • Summary or Constructive Dismissal : Under circumstances permitted by the Employment Ordinance, terminating the SEC without notice or payment in lieu is allowed.

  • Health Issues : If the helper is certified medically to be unfit for the employment, the employer may terminate the SEC.

  • ID407E : Within 7 days of the date of termination, both parties shall submit Form ID407E (together with a copy of the other’s written acknowledgement of the termination) to HK Immigration.

Helpers’ Scope of Duties

  • Scope of Duties : To perform in the employer’s residence only domestic duties as stipulated in the Schedule of Accommodation and Domestic Duties attached to the SEC.

  • Primary Duties : Household chores, cooking, looking after aged persons in the household (whether constant care is required shall be determined by reference to the SEC), baby-sitting, child-minding.

  • Exterior Window Cleaning :

    • Only clean the outside of windows if it is safe to do so (such as on the ground floor or adjacent to a balcony or common corridor); or

    • The window is fitted with a locked safety grille, and

    • Only the helper's arms extend past the window ledge.

  • Criminal Offence : Employers can be criminally prosecuted if they require or allow a helper to work in breach of clause 4(a) of the SEC.

Illegal Work

  • Illegal Employment : Not to engage in any other employment, work for any other person, or perform any other work (e.g. part-time or non-domestic duties).

  • Criminal Offence : Employers can be criminally prosecuted if they require or allow a helper to work in breach of clause 4(b) of the SEC.

  • Driving Duties : Not to drive any vehicle without written consent from the Director of Immigration via mutual application Form ID934A.

Consequences of Breaches
If the following offences or breaches are committed, an employer may be considered ineligible to employ a helper:

  • Offences relating to a helper under immigration/labour laws (including aiding and abetting in the breach of a condition of stay);

  • Offences relating to assault or harassment of a helper;

  • Abuse or exploitation of a helper; or

  • Breach of the SEC or the undertaking given under “Application for Employment of Domestic Helper from Abroad” (ID 988B).

If the following offences or breaches are committed, future application by a helper for employment visa or extension of stay may be refused:

  • Offences under immigration laws;

  • Abuse of premature termination of employment contract to change employers; or

  • Breach of the SEC or the undertaking given under “Visa/Extension of Stay Application Form for Domestic Helper from Abroad” (ID 988A).

Brief Notes of Employment Ordinance

Helpers enjoy the same protection as local employees under the Employment Ordinance. They are further entitled to the rights and benefits specified in the SEC.

​

I. Deduction from Wages


Employers may deduct from the wages of their helpers only under the following circumstances, provided that the total of such deductions—excluding those for absence from work—does not exceed one half of the wages payable in that wage period:

  • Deduction for absence from work not exceeding a sum proportionate to the period of absence;

  • For damage to or loss of the employer’s goods, equipment, or property, subject to the limits of: i) HK$300 in any one case; and ii) one-quarter of the wages payable to the helper in that wage period, in aggregate;

  • Deductions for the recovery of any advance or over-payment of wages made by employers to their helpers, subject to the limit of one quarter of the wages payable to the helper in that wage period; and

  • Deductions, with the helper’s written consent, for the recovery of any loan made by the employer to the helper.
     

Penalties for each offence:

  • Underpayment of wages : a max. fine of HK$350,000 and imprisonment for 3 years

  • Unlawful deduction of wages : a max. fine of HK$100,000 and imprisonment for 1 year

  • Making false representation : a max. fine of HK$150,000 and imprisonment for 14 years
     

Attention! A helper should never sign or acknowledge receipt of any wages or payments that have not actually been paid in full.
 

II. Termination of Employment Contract


Employers shall, on termination of the employment contract, give their helpers:

  • 1 month's prior notice in writing or 1 month's wages in lieu of notice;

  • Outstanding wages;

  • Payment in lieu of any untaken annual leave, and any pro-rata annual leave pay for the current leave year;

  • Severance payment or long service payment (where appropriate); and

  • Return passage to the place of origin, food and travelling allowances.
     

No dismissal under the following circumstances (unless summary dismissal applies):

  • The helper has been confirmed pregnant and has served a notice of pregnancy to the employer;

  • The helper is on paid sick leave;

  • Dismissal by reason of the helper giving of evidence or information in any proceedings or inquiry in connection with law enforcement or work accidents;

  • Dismissal for trade union membership or activities; or

  • Before entering into an agreement with the helper who is injured at work for employee’s compensation, or before the issue of a certificate of assessment.
     

III. Summary or Constructive Dismissal (without notice or payment in lieu)

​

Summary dismissal may be taken by employers (applicable only if the helpers have committed very serious misconduct or failed to improve after repeated warnings):

  • Wilfully disobey a lawful and reasonable order

  • Misconduct themselves

  • Are guilty of fraud or dishonesty

  • Are habitually neglectful in their duties

  • ​

Constructive dismissal may be taken by helpers (applicable only if there are sufficient justifications; otherwise, the employer may claim against the helper) if they:

  • Reasonably fear physical danger by violence or disease

  • Are subject to ill-treatment by their employers

  • After having been employed for at least 5 years, are certified by a registered medical practitioner as being permanently unfit for the present job
     

Attention! To reduce the chance that helpers, after receiving the cash, overstay in Hong Kong or only depart for neighbouring places instead of returning to their places of origin, employers are advised:

  • i) to provide an air ticket with basic checked luggage to the helper instead of cash equivalent to the value of the air ticket; and

  • ii) to confirm with the helper the departure arrangements (such as departure date and destination, etc.) before purchasing the air ticket.
     

IV. Helpers’ Entitlement to Holidays

​

Paid annual leave

  • Following completion of 1 year's service : Entitled to annual leave with pay within a period of 12 months, with the number of days increasing progressively from 7 days to 14 days (according to the length of service).

  • After 3 months but less than 12 months : Entitled to a pro rata sum in lieu of annual leave (unless dismissed summarily by the employer due to serious misconduct).
     

Rest day (a continuous period of not less than 24 hours)

  • Entitled to not less than 1 rest day in every period of 7 days.

  • A helper is entitled to refuse to work for the employer on rest days.

  • An employer who compels the helper to work on rest days is liable to a maximum fine of HK$50,000.

  • The substituted rest day shall be granted within the same month before the original rest day or within 30 days after it.
     

Statutory holidays

  • Before completion of 3 months of employment : unpaid holiday.

  • On completion of 3 months of employment : paid holiday.

  • Statutory holiday pay should be paid to the helper not later than the next normal pay day after that statutory holiday.
     

Attention! Employers are prohibited from paying extra money to helpers to work on a statutory holiday instead of giving them the day off (i.e. the so-called “buy-out of holidays”). If employers require the helper to work on a statutory holiday, they should give the helper at least 48 hours’ prior notice and arrange an alternative holiday for the helper within 60 days before or after the statutory holiday. Therefore, employers should arrange 3 days of alternative holidays either consecutively or separately for a helper who works on the 3 statutory holidays during the Lunar New Year.

​

V. Sickness Allowance

​

  • During the first 12 months of employment : A helper is entitled to sickness allowance at the rate of 2 paid sickness days for each completed month of employment; and thereafter: 4 paid sickness days for each month of service. Paid sickness days may be accumulated up to a maximum of 120 days.

  • A helper is not entitled to sickness allowance if the sick leave is less than 4 consecutive days. The daily rate of sickness allowance is equal to four-fifths of the average daily wages.
     

VI. Paid Maternity Leave - 14 consecutive weeks (for female helper only)

​

Eligible if the helper:

  • Has been employed for a period of not less than 40 weeks immediately before the commencement of scheduled maternity leave;

  • Has given notice of pregnancy and her intention to take maternity leave to her employer after the pregnancy has been confirmed, for example, by presenting a medical certificate confirming her pregnancy; and

  • Has produced a medical certificate specifying the expected date of confinement, if so required by the employer.
     

Calculation and Reimbursement of Maternity Leave Pay:

  • Daily rate of maternity leave pay : four-fifths of the average daily wages of the helper.

  • Reimbursement of Maternity Leave Pay Scheme : an employer, after payment of all maternity leave pay on the normal pay day, may apply to the Government for reimbursement of the 11th to 14th weeks’ maternity leave pay payable and paid.

Brief Notes of Employees’ Compensation Ordinance

If a helper sustains an injury or dies as a result of an accident arising out of and in the course of employment, the employer is in general liable to pay compensation under the Employees’ Compensation Ordinance. An injured helper should notify the employer of the accident as soon as possible, and an employer must report the accident to the Commissioner for Labour within 14 days (or 7 days in the case of fatal accidents) after the accident. A helper who suffers incapacity arising from an occupational disease specified in the Employees’ Compensation Ordinance is entitled to the same compensation and protection.

Others

  1. Other main provisions of the Employment Ordinance - i) Maternity protection; ii) Severance payment; iii) Long service payment; and iv) Employment protection: “A Concise Guide to the Employment Ordinance” prepared by the Labour Department.
     

  2. Information on the Employment Ordinance:
    i) the Labour Department’s website (https://www.labour.gov.hk/eng/faq/content.htm) and
    ii) hotlines (2717 1771/ 2157 9537).
     

  3. To seek advice or assistance on matters relating to the SEC or the Employment Ordinance: the branch offices of the Labour Relations Division of the Labour Department
     

  4. Free conciliation service to resolve claims under the Employment Ordinance or employment contracts: the branch offices of the Labour Relations Division of the Labour Department. If conciliation is unsuccessful, the Labour Department will refer the case to the Minor Employment Claims Adjudication Board or the Labour Tribunal for adjudication.
     

  5. In case of emergencies, physical abuse or sexual assault: call 999 immediately or visiting a nearby police station for assistance.

​

If you are paid less than the wages stipulated in the SEC, you should check with your employer to see if there is any miscalculation.. If your employer has underpaid you without a reasonable explanation, you should seek assistance from the branch offices of the Labour Relations Division of the Labour Department immediately.

​

Read More

A Concise Guide to the Employment Ordinance - Chinese Version

A Concise Guide to the Employment Ordinance - English Version

Know Your Obligations. Be a Responsible and Smart Employer - Chinese Version

Know Your Obligations. Be a Responsible and Smart Employer - English Version

​

bottom of page