| 1. |
Shall
the employer make a written contract of employment
with the domestic helper?
|
| Ans.: |
A contract
of employment is an agreement on the employment
terms and conditions made between an employer
and a domestic helper. The agreement can be made
orally or in writing. The terms of the contract
may include both express and implied terms.
The Labour Department encourages the employer
and the domestic helper to set out employment
terms and conditions in a written employment contract.
In order to help employers and domestic helpers
draw up their contracts, the Labour Department
has prepared a sample
employment contract, which sets out the essential
terms and some common conditions of employment,
for their reference.
|
| 2. |
According
to the Employment Ordinance, what protection does
the domestic helper have?
|
| Ans.: |
According
to the Employment Ordinance, all domestic helpers,
regardless of the number of hours they work per
week, are entitled to:
 |
statutory
holidays; |
|
wage
protection; and |
|
protection
against anti-union discrimination. |
If the domestic helper is employed under continuous
contract of employment (i.e. works continuously
for four weeks or more, with at least 18 hours
in each week), then in addition to wages paid
to the domestic helper, the employer should also
provide other protections as required by the Employment
Ordinance, such as:
| |
rest
days; |
|
statutory
holiday with pay; |
|
paid
annual leave; |
|
sickness
allowance; |
|
maternity
leave; and |
|
severance
payment or long service payment, etc. |
|
| 3.
|
When should
the employer pay wages to the domestic helper?
|
| Ans.: |
The employer
should pay wages to the domestic helper not less
than once every month. The employer shall pay
wages to the domestic helper upon the expiry of
the last day of the wage period, but in no case
later than 7 days after the end of the wage period.
|
| 4. |
What are
the consequences if the employer fails to pay
wages to the domestic helper when they become
due?
|
| Ans.: |
An employer
is required to pay interest on the outstanding
amount of wages to the domestic helper if he fails
to pay wages within seven days after the end of
the wage period, and is liable to prosecution
and, upon conviction, to a fine of $350,000 and
to imprisonment for three years.
If wages are not paid within one month after they
become due, a domestic helper may deem the contract
of employment to be terminated by the employer
without notice. Under such circumstance, the employer
shall have to give termination payment to the
domestic helper.
|
| 5. |
When the
employer terminates the contract, what payments
should he pay to the domestic helper?
|
| Ans.: |
On termination
of employment contract, the employer should pay
outstanding wages to the domestic helper. In addition,
the employer should pay the following payments
in accordance with the Employment Ordinance, having
regard to the length of service, the reason for
termination of contract, etc.:
| |
wages
in lieu of notice (if any); |
|
payment
in lieu of any untaken annual leave, and
pro rata annual leave pay for the current
leave year (if applicable); |
|
long
service payment or severance payment (where
appropriate). |
|
| 6.
|
Should
the employer take out insurance policy for the
domestic helper to cover his liabilities for compensation
and medical expenses arising from accidents or
diseases?
|
| Ans.: |
Under the
Employees' Compensation Ordinance and the common
law, the employer is liable to pay compensation
for the domestic helper's injury or death by accident
arising out of and in the course of employment.
Employers are also compulsorily required, under
the Employees' Compensation Ordinance, to have
a valid insurance policy for the domestic helper
to cover all their liabilities for compensation.
|
| 7. |
Shall
the employer make arrangements for the domestic
helper to participate in the MPF Scheme?
|
| Ans.: |
According
to the Mandatory Provident Fund Schemes Ordinance,
all domestic helpers are not required to participate
in the MPF Scheme.
|
| 8. |
If the
domestic helper causes damage to or loss of employer's
goods, could the employer deduct wages as compensation?
|
| Ans.: |
If the damage
or loss to the employer's goods or property is
directly attributable to the domestic helper's
default or negligence, the employer may deduct
from the domestic helper's wages the cost of the
damaged item subject to a limit of $300. The total
of such deductions should not exceed one quarter
of the wages payable to the domestic helper for
that month.
|
| 9. |
Where
can the employer and the domestic helper approach
for enquiries in relation to employment contract
and the Employment Ordinance?
|
| Ans.: |
The employer
and the domestic helper can:
| |
call
the 24-hour Telephone Enquiry Service
hotline at 2717 1771 (the hotline is handled by the "1823 Call Centre"); |
|
Visit
the homepage
of the Labour Department; |
|
Go
to the Offices
of the Labour Relations Division of the
Labour Department for enquiries; |
|
Refer
to 'A
Concise Guide to the Employment Ordinance',
which sets out in simple terms the main
provisions of the Ordinance and is available
in the offices of the Labour Relations
Division of the Labour Department. |
|
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