The only contract acceptable by the Hong Kong Immigration Department is the Standard Employment Contract (ID407). This standard contract must be filled and signed by the employer of the foreign domestic worker (the Employer) and the foreign domestic worker (the Helper).
Note that the contract cannot be downloaded online. You must obtain the original copies at the Foreign Domestic Worker division of the Immigration Department located at Wan Chai.
The main provisions of the Standard Employment Contract are:
- Duration: the contract is set for 2 years (clause 2). It can be terminated by any party with a 1 month notice period (clause 10). It cannot be extended: upon expiry of the contract, the Employer and the Helper who agree on continuation of employment must sign and submit a new contract (clause 13).
- Location: the Helper shall work and reside at the Employer's residence (clause 3). The Employer shall provide the Helper with a suitable and furnished accommodation (clause 5b).
- Duties: the Helper shall only perform domestic duties and exclusively for the Employer (clause 4a and 4b). Parties who violate this clause is violating the Immigration Ordinance and may face legal consequences.
- Remuneration and expenses: the monthly wages paid by the Employer to the Helper cannot be less than the minimum legal allowable wage (clause 5a). In addition, the Employer shall provide the Helper with food free of charge or a food allowance per month (clause 5b). The Employer shall also be responsible for fees and expenses incurred for the arrival and the departure of the Helper, including the free passage and return from/to his/her place of origin to/from Hong Kong (clauses 7 and 8).
- Holidays and leaves: the Helper shall be entitled to at least 1 rest day in every period of 7 days, statutory holidays and paid annual leaves of 7 to 14 days depending on the Helper's length of service for the same Employer (clause 6).
You can find the samples of the Standard Employment Contract for a Domestic Helper recruited from Outside Hong Kong (applicable w.e.f. 1.1.2017) at the end of this article. The samples are for reference only.
The information provided is a guide only and we do not accept responsibility for any inaccuracies or outdated information. Regulations are subject to change and employers should check with the Immigration Department and/or the Labour Department for the latest updates.