1If the maid was originally only caring for a family of three and now a baby has been added, how should the employer discuss work with the maid? Should the employer increase the maid's salary or hire an additional one?
The employer should first discuss the work arrangements with the maid. If the maid can manage the additional responsibilities on her own, the employer might try to increase her salary to encourage her to help care for the newborn. If the workload is too much, the employer should consider hiring another maid based on the family's situation. It is advisable for the employer to revise the latest job scope and arrangements in the new contract.
2If the maid borrows money from a financial company, can I immediately dismiss her and not pay the notice pay?
Not providing notice or notice pay when terminating the contract only applies to specific circumstances: if the maid deliberately disobeys lawful and reasonable orders, engages in misconduct, commits fraud or disloyalty, or is consistently negligent in her duties. Borrowing money from a financial company is a personal matter; if the maid’s borrowing causes harassment to the employer from the financial company, that would be considered misconduct. However, if the borrowing does not cause any disturbance to the employer, it would not be considered misconduct, and in that case, if the employer dismisses the maid immediately, they must still pay the notice pay.
3Can I install cameras in my home to monitor the performance of my domestic maid?
When installing cameras, it is important to respect the privacy of others. In a residence, areas such as bathrooms or the personal rooms of domestic maids are private spaces, so cameras should never be installed there. Employers must inform the maid about the arrangement for camera installation and cannot record others without their knowledge.
4Does tutoring children fall under household duties?
Currently, the Employment Ordinance does not specify the scope of "household work" in detail. In fact, the definition of "household" may have some gray areas, but generally understood household duties include: laundry, cooking, cleaning the home, caring for children, and tending to the garden or pets. Therefore, tutoring children also falls within the scope of household duties.
5Can employers require domestic maids to care for children at other locations, such as in a shop opened by the employer?
In general, if employers or domestic maids encounter similar issues, they should contact the Labour Department's Labour Relations Division. Caring for children in a shop is considered a type of household work. However, if the domestic maid is regularly caring for children in the shop, it would violate the terms of the Employment Contract ID 407, which states that the maid should assist with household duties at the employer's residence.
