1. What are the rights and responsibilities of FDWs and employers?

The basic rights and responsibilities are set out in the Standard Employment Contract (ID407) for hiring foreign domestic helpers. In addition, all provisions of the Employment Ordinance apply to both employers and helpers.

2. What must I pay attention to when the helper arrives in Hong Kong?

1) You must pay the helper's daily meal and transport allowance for the journey to Hong Kong as stipulated in the contract, and reimburse necessary document fees (see the Labour Department's practical guide). 2) Explain her duties, which must be the household duties specified in the contract appendix. 3) Set a wage payment date. 4) Designate a rest day. 5) Agree whether to provide meals; if provided, meals must be free; otherwise pay a monthly meal allowance per the contract. 6) Take out employees' compensation insurance for the helper as required by the Employees' Compensation Ordinance, or you may be liable to fine and imprisonment.

3. Can I sign a separate employment contract with the helper?

No. The Standard Employment Contract (ID407) is the only formal contract for all FDWs in Hong Kong. Any other contract privately made is unenforceable.

4. Can I assign the helper to work for others or do non-domestic duties?

No. Assigning the helper to work for anyone other than the visa-specified employer, or to perform non-domestic duties, breaches the Immigration Ordinance and may lead to prosecution.

5. How long must a helper work before statutory holidays apply?

All FDWs are entitled to statutory holidays regardless of length of service. A helper is entitled to holiday pay if she has been employed continuously for at least 3 months before the holiday.

6. How many days of annual leave must an employer give?

After 12 months with the same employer, the helper is entitled to paid annual leave, rising from 7 to a maximum of 14 days by length of service (7 days for 1–2 years; +1 day per additional year up to 14). For example, after completing a second 2-year contract, she is entitled to 9 days.

7. Who decides the dates of annual leave?

After 12 months of employment, the helper must take her entitled paid leave within the following 12 months. Dates should be agreed with the employer, who must give at least 14 days' written notice.

8. Does annual leave include rest days and statutory holidays?

No. If a rest day or statutory holiday falls within annual leave, that day counts as annual leave and the employer must assign a substitute rest day or statutory holiday.

9. Besides annual leave, must the employer grant other leave? Paid or unpaid?

If the employer and helper sign a renewal contract, the employer must grant at least 7 days of additional leave besides the helper's annual leave; whether it is paid depends on the terms agreed under clause 13 of the Standard Employment Contract.

10. How should I arrange for the helper when I am away from Hong Kong?

You must make proper arrangements for the helper's accommodation and meals in Hong Kong, or take the helper with you. You may not force the helper to take unpaid leave or assign her to work for others.

11. Can an employer terminate the contract early?

Either party may terminate. Unjustified dismissal may require payment of wages in lieu of notice and pro-rata leave; consult the Labour Department and follow the contract before terminating.

12. What to note about renewal and change of employer?

Agree on renewal before contract expiry. If the helper changes employer, follow Immigration Department rules and ensure the new employer holds a valid quota and contract.