$4630 per month

The current Minimum Allowable Wage (MAW) is HKD 4,630 per month. It is illegal for domestic workers to be paid less than the MAW. The MAW is normally reviewed in September each year.

Cash, cheque or bank transfer

Domestic workers can be paid by cash, cheque or bank transfer. Bank transfer is the recommended means of transfer as it provides an audit trail for both parties.

Check this guide from Enrich Hong Kong for information and requirements opening a bank account in Hong Kong as a domestic worker.

HKD 1,173 per month

Domestic workers must either be provided with free food by their employer, or be provided with a monthly food allowance of a minimum of HKD 1,173 per month (since 30th September 2021).

24 hours

Domestic workers must be given at least 24 hours continuous rest period every 7 days.

While Sundays are most common, rest days can be given on any day of the week, provided they meet the minimum 24-hour entitlement. The rest day should be agreed between the employer and the domestic worker.

Rest days may be given on irregular dates; however, the employer should notify the domestic worker of the dates prior to the start of each new month.

Yes

Rest days may be substituted, provided it is agreed by both employer and domestic worker.

Annual leave entitlement is dependent on length of service with the same employer, as follows:

1 year: 7 days

2 years: 7 days

3 years: 8 days

4 years: 9 days

5 years: 10 days

6 years: 11 days

7 years: 12 days

8 years: 13 days

9 years: 14 days

Yes

Domestic workers are entitled to leave on statutory holidays, regardless of length of service.

Yes

Provided a domestic worker has been employed with the same employer for at least 3 months prior to the holiday, they are entitled to holiday pay on statutory holidays.

The first day of January

Lunar New Year’s Day

The second day of Lunar New Year

The third day of Lunar New Year

Ching Ming Festival

Labour Day

Tuen Ng Festival

HKSAR Establishment Day

The day following Chinese Mid Autumn Festival

Chung Yeung Festival

National Day

Chinese Winter Solstice Festival or Christmas Day (at option of employer)

2022:

12^th Sep

1^st Oct

4^th Oct

22^nd or 25^th Dec (at option of employer)

2023:

1^st Jan

23^rd Jan

24^th Jan

25^th Jan

5^th Apr

1^st May

26^th May

22^nd Jun

1^st Jul

30^th Sep

1^st Oct

23^rd Oct

22^nd or 25^th Dec (at option of employer)

Yes

An employer must give at least 48 hours’ notice and must grant the domestic worker an alternative holiday within 60 days, before or after the holiday.

No

Statutory holidays and rest days are not deducted from your annual leave allowance.

No

It is an offence under the Immigration Ordinance to ask a domestic worker to work for another person other than the employer named on her/his visa, or to ask her/him to perform non-domestic duties.

No

You will be liable to prosecution and removal for breaching the conditions of stay.

No

It is a requirement of your employment contract that you work at and reside in your employer’s residence.

A domestic worker is entitled to reasonable privacy of their own. A domestic worker may share a room with children; however, they cannot stay in or share a room with teenagers or adults of the opposite gender.

The living space of a room can be partitioned in order to provide a better living space.

You should report the matter to the Investigation Division of the Immigration Department.

No

Always keep your passport and Hong Kong Identity Card yourself. No other person, including your employer or staff of the employment agency, should keep these documents for you without your consent.

Yes

When you are ill or injured, your employer must provide free medical treatment, whether or not it happened during your duty hours, as long as you are under the employment contract.

Employers are not required to cover medical expenses during periods that you are out of Hong Kong for personal purposes e.g. on home leave.

Domestic workers are entitled to sickness allowance when sick leave taken is not less than 4 consecutive days and is supported by an appropriate medical certificate.

Paid sick days are accrued according to length of service; during the first 12 months of employment, at a rate of 2 days per month, and thereafter, at a rate of 4 days per month.

Paid sickness days can be accumulated throughout the whole employment period, but shall not exceed 120 days at any one time.

No

It is unlawful for an employer to dismiss a domestic worker who is on paid sick leave, except in cases of summary dismissal due to the worker’s serious misconduct.

The daily rate of sick leave allowance is a sum equivalent to four-fifths of the average daily wages.

Average daily wages are calculated using the following formula:

MAW (monthly allowable wages)/number working days in a month, excluding holidays, rest days and leave)

Example: $4630/25 days= $185.20. So the sick leave allowance would be calculated as (⅘)x$185.20= $148.16 per day. It should be paid no later than the normal pay day.

Emergency care only

Employers are required to cover a domestic worker's expenses for emergency dental care only. Optional dental care is not required to be covered by an employer.

Yes

Female domestic workers are entitled to 14 weeks of paid maternity leave if they:

• have been employed for not less than 40 weeks immediately before the commencement of scheduled maternity leave
• have given notice of pregnancy and their intention to take maternity leave to their employer after the pregnancy has been confirmed
• have produced a medical certificate specifying their expected due date, if required by their employer

The daily rate of maternity leave pay is a sum equivalent to four-fifths of the average daily wages of the domestic worker. It should be paid on the normal pay day of the domestic worker.

No

Except in cases of summary dismissal due to the worker’s serious misconduct.

Yes

Either party may terminate the contract by giving 1 month’s notice in writing or 1 month’s wages in lieu of notice to the other party.

Only under certain circumstances:

• You have reasonable fear of physical danger by violence or disease
• You are subjected to ill-treatment by your employer
• You have been employed for not less than 5 years and you are certified by a registered medical practitioner or a registered Chinese medicine practitioner as being permanently unfit for the present job

Only under special circumstances:

• If you have wilfully disobeyed a lawful and reasonable order
• Cases of misconduct
• You are guilty of fraud or dishonesty
• You have been habitually neglectful in your duties

It depends on a number of factors, such as length of service and reason for termination of contract.

Termination payments would usually include:

• Outstanding wages
• Payment in lieu of notice (if any)
• Payment in lieu of any untaken annual leave, and any pro rata annual leave pay for the current leave year
• Long service payment or severance payment, as applicable
• Any other sum due in respect of your employment contract, e.g. free return passage and food and travelling allowance

A domestic worker is entitled to severance payment from their employer if:

• They are dismissed, or their contract is not being renewed by reason of redundancy; and
• They have been employed for not less than 24 months with the same employer immediately prior to the termination

A domestic worker is entitled to long service payment from their employer if they have worked continuously for the same employer for not less than 5 years, and they:

• are dismissed or the contract is not renewed for any reason other than summary dismissal due to serious misconduct or redundancy
• are certified as being permanently unfit for the present job and resign
• are aged 65 or above and resign on grounds of old age
• die in service

The following formula applies to the calculation of both severance payment and long service payment :

(Last month wages x 2/3) x reckonable years of service

Example: 

$4,630 x ⅔ = $3,086.66

$3,086.66 x 5 years of service = $15,433.33

You can call the Labour Department's 24-hour Telephone Enquiry Service at 2717 1771 or 2157 9537, a dedicated hotline for domestic workers.

Immigration Department - 2824 6111

The Consular Office or Embassy of the country of origin of the domestic worker normally provides free counselling and advice to their citizens (click the links to access their full profile pages and contact information on PANGYAO.HK):

• Philippine Consulate General in Hong Kong, Assistance to Nationals - 9155 4023
• Philippine Overseas Labour Office (POLO) - 2866 0640/5529 1880
• Consulate General of the Republic of Indonesia - 3651 0200
• Royal Thai Consulate General, Hong Kong - 2521 6481
• India in China (Consulate General of India, Hong Kong) - 3970 9900
• Pakistan Consulate, Hong Kong - 6732 5455
• Consulate General of Nepal, Hong Kong - 2369 7813
• Consulate of Sri Lanka in Hong Kong - 2581 4111
• Consulate General of Malaysia in Hong Kong and Macao - 2821 0800
• Bangladesh Consulate in Hong Kong SAR and Macao SAR - 2827 4278

A full list of governmental organisations on our website can be found HERE.

There are also several Non-governmental organisations (NGOs) and Non-profit organisations (NPOs) who can help with disputes regarding details of the contract:

• HELP for domestic workers - Tel: 2523 4020 • Whatsapp: 5936 3780
• Caritas Asian Migrant Project (AMP) - Tel: 21475988 / 29775997 • Whatsapp: 54972899
• Bethune House Migrant Women's Refuge - Tel: 2721 3119

A full list of NGOs on our website can be found HERE.