As they carry out their daily duties and responsibilities, foreign domestic helpers (FDHs) are entitled to certain rights. These rights are upheld and protected by two labor laws of Hong Kong: the Employment Ordinance (EO), and the Employees’ Compensation Ordinance (ECO).
In addition, the Standard Employment Contract (SEC) signed by employers and employees provides further protection for both parties. Knowing their rights, as well as understanding the contents of their employment contract, is essential for every FDH in Hong Kong.
1. Right to Suitable Accommodation
According to the “Handbook for Foreign Domestic Helpers,” published by the Hong Kong Labour Department, FDHs shall reside in their employer’s residence throughout their employment period. If the employer goes out of town or out of the country for a short period, the FDH should not be forced to take leave, or to reside in another place.
Moreover, the accommodation must be suitable, with reasonable privacy. The FDH should not be compelled to sleep in the corridor, nor share a room with a person of the opposite sex. The FDH should also have access to facilities such as water, electricity, bathroom, toilet, and other amenities.
2. Right to Food or Food Allowance
Employers are responsible for providing FDHs with at least three suitable meals (i.e. breakfast, lunch, dinner) per day, free of charge. If food is not provided free of charge, then the FDH shall be given food allowance instead. At present, the rate of food allowance is at HK$ 1,236 per month.
3. Right to Proper and Timely Wage
FDHs shall be paid a monthly salary that is not less than the minimum wage announced by the Hong Kong government. Currently, the minimum allowable wage for foreign domestic helpers is HK$ 5,220 per month. Regarding timeliness, the wage must be given at least once a month, and not later than seven days after the end of the wage period. If an employer fails to pay wages on time, he/she would be required to pay interest on the outstanding amount of wages.
Furthermore, both parties must agree on the method of wage payment, be it by cash, cheque, or bank transfer. Payment by cheque or bank transfer is recommended for easier documentation of payments. Keeping record of wage payments is also helpful to avoid future disputes.
4. Right to Keep Personal Property
FDHs have the right to keep personal property, including passports, identity cards, employment contract, bank cards, and other documents. No one can withhold their personal property; to do so would be considered an offence. FDHs who are compelled to surrender their personal property are advised to report the matter to authorities.
5. Right to Personal Privacy
Like everyone else, FDHs have the right to personal privacy. No one is allowed to inspect their property or belongings without their consent.
That being said, if an employer decides to install a closed circuit television (CCTV) system at home for safety and monitoring purposes, he/she should inform the FDH in advance. Making videos that show activities inside bathrooms or private spaces is prohibited. If this is done without the FDH’s knowledge, the employer may have breached the provisions of the Personal Data Privacy Ordinance (PDPO), and must be reported.
6. Right to Non-Discrimination
Last but not the least, FDHs have the right to non-discrimination, especially since Hong Kong has enacted anti-discrimination laws. FDHs who are experiencing discrimination because of their gender, marital status, disability, family status, or race may seek assistance from the Equal Opportunities Commission (EOC).
Notably, the EOC has published “Understanding the Race Discrimination Ordinance: A Guide for Foreign Domestic Helpers and Their Employers,” which provides an overview of the Race Discrimination Ordinance (RDO).
By knowing these rights, FDHs can be more aware and able to protect themselves, while seeking help from authorities if necessary. At the same time, employers would know how to treat their employees fairly.
Speaking of domestic helpers, the Hong Kong government will soon be implementing a new scheme: recruiting foreign workers to care for the city’s ageing population. Read this guide to learn more about the upcoming foreign domestic carers scheme.