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1Can I agree with a maid to pay a wage lower than what is stipulated in the employment contract?

No, you cannot. All maids in Hong Kong, regardless of nationality, must receive at least the minimum wage set by the Hong Kong government. This requirement applies to standard employment contracts signed on or after September 28, 2024, where employers must pay a monthly meal allowance of HK$4,990, maintaining a minimum monthly wage of no less than HK$1,236.

2Do foreign maid receive a year-end bonus?

Currently, there is no legal requirement for employers to pay year-end bonuses or "double pay" to maids.

3What compensation does an employer need to provide if they immediately terminate a maid?

According to the law, in addition to paying all outstanding wages to the maid, the employer must pay the following amounts: 1.Dismissal notice pay (one month's salary); 2.Any sickness allowance the maid is entitled to; 3.Wages in lieu of any unused annual leave; 4.Long service payment/severance payment (if applicable); and 5.Other payments that must be made to the maid according to the employment contract, such as travel expenses, meals, and transportation allowances. According to current Hong Kong law regarding the livelihood protection of female employees, as stated in item 18 of the "Employment Contract Explanation" (in Chinese), which also applies to foreign maids, the following applies: If employed continuously for forty weeks before the expected start of maternity leave, they are entitled to paid maternity leave; Female employees who are pregnant and have no more than two children are entitled to paid maternity leave; The maternity leave period is four weeks before the expected delivery date and six weeks after the actual delivery date; If a pregnant employee has been employed for twelve weeks and gives notice of maternity leave, the employer cannot terminate her employment; Once a foreign maid has served the employer for twelve weeks (i.e., three months), she can give notice of maternity leave to the employer and receive job protection. After receiving notice of pregnancy, the employer cannot dismiss the foreign maid; violators may face fines up to HKD 100,000. Additionally, if the employer fails to provide maternity leave, maternity pay (which is 75% of normal wages), or sickness allowance due to medical examinations (equal to 66.67% of normal wages), they may be fined up to HKD 50,000. Even if the employer dismisses a pregnant foreign maid, in addition to the normal dismissal procedures and compensation, the employer must also provide seven days' wages as compensation for dismissal. It is noteworthy that the 1996 Employment (Amendment) Bill included a controversial provision regarding maternity protection, prohibiting employers from requiring pregnant employees to handle heavy, dangerous, or harmful work. After notifying the employer of her pregnancy, the foreign maid may request the employer to stop any regular heavy or harmful work within 14 days. If the employer requires the pregnant foreign maid to handle such work without reasonable explanation, they may face fines up to HKD 50,000.

4Can an employer dismiss a maid who is on paid sick leave?

Dismissing a maid who is on paid sick leave is illegal and may result in prosecution, with a maximum fine of HKD 100,000 (except in cases of immediate dismissal due to serious misconduct by the maid).

5Where can I find more information about labor laws?

For common questions regarding maids, you can refer to the following webpage from the Labour Department: http://www.labour.gov.hk/tc/public/pdf/wcp/PointToNotesForEmployersOnEmployment(FDH).pdf 僱傭條例簡明指南」 http://www.labour.gov.hk/tc/public/ConciseGuide.htm http://www.labour.gov.hk/tc/faq/content.htm

6What work is included in employing foreign maids?

Generally, this includes household chores, cooking, and caring for family members. (According to the standard employment contract (Form ID407), the maid must reside at the employer's address and perform household duties full-time.)

7Can the employer require the maid to work outside the residence?

Yes. For example, running errands, picking up and dropping off children at school, caring for family members and children while dining out, washing cars, or delivering food or personal items to locations outside the employer's residence are all considered household responsibilities.

8Can the employer assign the maid duties outside of household tasks or have them work for other individuals?

No. If the employer assigns the maid to perform duties outside of household tasks or to work for someone other than the designated employer on the visa, it violates the Immigration Ordinance and may lead to prosecution. Employing a maid illegally can result in fines of up to HK$350,000 and imprisonment for three years. According to the Immigration Ordinance, the maid may only work for the employer specified on the visa, and the services are limited to the employer and declared family members, all of whom must reside at the declared employer's address.

9What work is included in employing foreign maids?

Generally, this includes household chores, cooking, and caring for family members. (According to the standard employment contract (Form ID407), the maid must reside at the employer's address and perform household duties full-time.)

10What additional costs do employers need to bear besides paying wages?

Employers are also responsible for costs such as medical examination fees, consulate verification fees, visa fees, insurance premiums, administrative fees (or other similar fees imposed by overseas employment agencies, or relevant government agencies) and other expenses. Additionally, during the contract period, employers must provide suitable and reasonable accommodation with privacy, free medical care, free meals or meal allowances (currently HKD 1,236 per month), and employee compensation insurance (commonly known as "Labour Insurance").

11What methods should be used to pay the monthly salary of the maid?

Employers can discuss payment methods with the maid. If the worker requests cash payment, the agency provides a "Salary and Leave Receipt" template for the employer to have the worker sign upon payment, to confirm that the salary for that month has been paid. Alternatively, payment can be made through bank transfer, which will provide a formal bank receipt.

12When employers go overseas, can they allow the maid to take unpaid leave?

Employers can only arrange for the maid to take unpaid leave in Hong Kong after obtaining mutual consent from both parties.
The information provided on this website is for reference only. No express or implied warranty is given by the Sunlight Employment agency as to the accuracy of the information and will NOT be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such information.
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