The daily duties of foreign domestic helpers (FDH) in Hong Kong usually include cooking, cleaning, and babysitting. But what if the employer also needs help with grocery shopping, or bringing the children to school? Can domestic helpers be assigned to drive as part of their duties?
The Hong Kong labour law, as stated in the FDH’s Standard Employment Contract (SEC), has specific provisions regarding driving duties. A domestic helper may be assigned to perform certain driving tasks by his/her employer, but only upon getting a special permission from the Immigration Department,
Is Driving Part of a Domestic Helper’s Duties?
The Hong Kong Labour Department states that under the SEC, the duties of FDHs do not include driving. In fact, when applying for their employment visa, the requirements include the condition of stay, which prohibits them from performing driving duties.
What if the Job Involves or Requires Driving?
The employer may apply for a special permission from the Immigration Department, only if driving related to domestic duties is required. Some examples include grocery shopping, bringing children to and from school, or accompanying elderly family members to medical appointments. In these cases, the FDH may be assigned to perform driving duties.
However, even with special permission, the FDH is prohibited from performing the following driving tasks: driving employers to and from work (i.e. chauffeuring); driving for leisure or social outings; or transporting commercial goods.
How to Apply for Special Permission
A special permission allowing the FDH to perform driving duties may be obtained, as long as the FDH already has a full Hong Kong driver’s licence, and not a probationary, temporary, or international licence. Moreover, the permission applies only to vehicles with no more than eight seats (e.g. sedan, station wagon, etc.). Convertibles and sports cars are not included.
To obtain special permission, both the employer and FDH must fill out an application for “Special Permission for Performance of Motor Driving Duties” and submit it to the Immigration Department. They also need to attach the “Addendum to the Schedule of Accommodation and Domestic Duties,” which indicates the purpose(s) of the FDH’s driving duties.
To apply for special permission, contact the Immigration Department by calling 2824 6111, sending an email to enquiry@immd.gov.hk, or going directly to the Foreign Domestic Helpers Section, Immigration Department, 61 Po Yap Road, Tseung Kwan O, New Territories, Hong Kong.
Fines and Penalties
Performing driving duties without special permission is considered unlawful, a breach of contract, and a violation of visa conditions. Both the employer and employee may be penalized for breaking the law.
An FDH who performs unauthorised driving duties can be fined up to HK$ 50,000 and face two years’ imprisonment, not to mention removal from the job and deportation. Similarly, the employer may be charged for aiding and abetting the FDH, and face similar penalties upon conviction.
In summary, driving is not included in an FDH’s daily duties under Hong Kong law, but a special permission may be obtained if the job involves or requires driving. Furthermore, the FDH should already hold a full Hong Kong driver’s license, and be allowed to drive family vehicles only.
Meanwhile, in carrying out their daily duties, FDHs also have the right to rest and relaxation. Read this guide for more details about rest days, holidays, and leaves of foreign domestic helpers.
Disclaimer: This article provides general information only and should not be perceived as legal advice. It should not be considered as basis for any legal resolution. For advice that suits your specific situation, please consult a legal professional or the relevant government authority.