2025-03-31 28Hse Editor
To address financial challenges, many parents in Hong Kong work full-time, leading families to hire domestic helpers to care for young children. However, employers must arrange proper accommodation for their helpers. With living spaces in Hong Kong becoming increasingly compact, is it still possible to hire a domestic worker in a small unit? Can workers stay outside the employer's home?
According to Clause 3 of the Labour Department’s Standard Employment Contract, employers must provide free, suitable accommodation with reasonable privacy for domestic workers during their employment in Hong Kong. Examples of unsuitable arrangements include setting up a temporary bed in a hallway, which compromises the worker’s privacy, or requiring the worker to share a room with an adult or teenage male.
Additionally, the contract requires domestic workers to live and work at the employer's specified address. Even if the home is small, it is not permissible to arrange for the worker to live elsewhere.
Accommodation arrangements are often a source of controversy, as the Labour Department does not clearly define what constitutes "suitable accommodation." For instance, it is common for helpers to sleep in the living room or kitchen. However, such arrangements may violate contract requirements due to the lack of private space.
Regardless of the arrangement, employers should be transparent about the living conditions during the hiring process so that the helper can assess whether they are comfortable with the arrangement. Given the high demand for domestic helpers, providing substandard accommodation may make it difficult to hire one.
In addition to arranging accommodation, employers must meet certain criteria to hire a domestic worker. These include being a Hong Kong resident, and having a household income of at least HK$15,000 per month or equivalent assets. This ensures that families without sufficient or stable income cannot hire domestic workers. The minimum income requirement is subject to change based on adjustments to the helper’s salary.
Public housing tenants can hire domestic helpers, but additional steps are required. In addition to meeting the income requirements, tenants must submit the following documents: (1) A copy of the first four pages of the Housing Department lease agreement; (2) Proof of address; (3) Written approval from the estate office.
Public housing tenants must take the following steps to hire a domestic helper: (1) Complete the “Application for “Temporary Stay” of Overseas Domestic Helper” application form; (2) Submit the form along with a copy of the employment contract and the helper’s travel documents to the estate office or through the Housing Authority's online platform; (3) Once the Housing Authority verifies eligibility, they will issue a "Preliminary Approval Letter." The tenant can then proceed with the hiring process through the Immigration Department. Within one month of the helper’s arrival, the tenant must submit a copy of the employment contract and the helper’s identification documents to the estate office for final approval.
By carefully handling accommodation and meeting the necessary requirements, employers can ensure compliance with regulations while providing a suitable environment for the domestic worker.
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