FDHs must comply with the IO and the conditions of stay stipulated ontheir visas. An FDH who breaches the conditions of stay, or an employer who aids/abets an FDH to breach the conditions of stay, is liable to prosecution.
An FDH must reside at the residential address of his/her employer as specified in the SEC and perform domestic duties for the employer named on his/her visa. It is provided in the SEC that:
Clause 4(a) - The FDH shall only perform domestic duties for the employer as per the “Schedule of Accommodation and
Domestic Duties” attached to the SEC;
Clause 4(b) - The FDH shall not take up, and shall not be required by the employer to take up, any other employment with any
other person;
Clause 4(c) - Clauses 4(a) and (b) will form part of the conditions of stay to be imposed on the FDH by ImmD upon the
FDH’s admission to work in Hong Kong.
A breach of one or both of the said conditions of stay will render the FDH and/or any aider and abettor liable to prosecution.
The domestic duties, such as household, chores, cooking, looking after aged persons in the household, baby-sitting, child-minding,
etc., should be specified clearly in the “Schedule of Accommodation and Domestic Duties” attached to the SEC. If an employer requires an FDH to perform non-domestic duties, he/she will commit an offence under the IO and is liable to prosecution.
An FDH who takes up employment with any person other than the employer specified on his/her visa will be in breach of the IO. He/she will be liable to prosecution and removal from the HKSAR for breaching the conditions of stay. If an FDH is so removed, he/she will not normally be allowed to come to Hong Kong to work as an FDH again. Besides, if an employer deploys an FDH to work for another person other than the employer specified on his/her visa, or asks the FDH to perform non-domestic duties, the employer will be in breach of the IO and is liable to prosecution.
If any person employs an FDH to perform a part-time job, he/she will be in breach of the IO and is liable to prosecution.
Employing an illegal worker is a serious offence and liable to, upon conviction, a maximum fine of $350,000 and imprisonment for three years.
An FDH shall only perform domestic duties at the employer’s residential address specifi ed in the SEC. It is a breach of the SEC
and/or relevant legislation to arrange an FDH to perform domestic or non-domestic duties in other residences of the employer or outside the HKSAR.
Some common examples relevant to employing FDHs to perform domestic duties are as follows.
Situation:The FDH is requested to bring food or daily necessities to members who live together in the same household but are
temporarily hospitalised.
Ans: There is no breach of the relevant requirements so long as it is only a temporary arrangement to bring food or daily necessities to household members.
Situation: The FDH is requested to stay fulltime in an elderly home to take care of the employer’s parents.
Ans: The FDH shall only perform domestic duties at the employer’s residential address specified in the SEC. Deploying the FDH to stay full-time in an elderly home, meaning the FDH’s main workplace is effectively the elderly home, cannot be regarded as genuine domestic duties.
Situation: The employer resides alternately at two addresses, and the FDH is requested to perform domestic duties at the other residential address of the employer.
Ans:The employer’s residence refers to a single residential address in one location. The employer cannot request the FDH to work at another residential address of the employer other than the one specifi ed in the SEC.
According to the SEC, domestic duties to be performed by FDHs exclude driving of a motor vehicle. Moreover, the visa granted
to FDHs to take up employment in Hong Kong is subject to the condition of stay that performing of driving duties is not permitted.
However, to address the genuine needs of some employers, a special arrangement is made by ImmD to allow FDHs to perform
driving duties which are incidental to or arising from domestic duties, i.e. driving duties arising from the five major categories of domestic duties (household chores, cooking, looking after aged persons in the household, baby-sitting, and child-minding). Requesting FDHs to drive employers to and from the office, transport goods, etc. are not included. If employers would like their FDHs to perform driving duties related to domestic duties, they may apply to the Director of Immigration for special permission.
An FDH shall only perform domestic duties at the employer’s residential address. If an employer breaches the terms of the SEC
and the relevant undertaking in the application forms, irrespective of whether it is voluntary on the part of the FDH, ImmD may take
such conduct into account in considering any future application for employing FDHs from the employer concerned. Such application
may be refused. If an employer and/or FDH provides false information during the application process, they may be in breach of
the IO and liable to prosecution.
Sunlight Employment Agency hopes that the above latest information will help employers understand the things to pay attention to when assigning foreign domestic helpers to different types of work.
