Domestic Helper Contract (Hong Kong)

A Domestic Helper Contract in Hong Kong sets out the rights and obligations the parties agree to be bound by.

Hong Kong employs approximately 400,000 foreign domestic helpers, making this one of the most common employment relationships in the territory. Foreign domestic helpers come primarily from the Philippines and Indonesia. Each helper holds a visa issued by the Immigration Department specifically for domestic helper employment under the Immigration Ordinance (Cap. 115), and the visa is tied to a specific employer and residence address.

The Standard Employment Contract (Form ID 407), issued by the Immigration Department and required by Immigration Regulation 2 under Cap. 115, prescribes the minimum terms of every foreign domestic helper contract: the Minimum Allowable Wage (MAW), currently HK$4,990 per month as of 2025; a food allowance of not less than HK$1,313 per month if food is not provided; free suitable accommodation with reasonable privacy; free medical treatment; rest days; statutory holidays; and a return passage to the helper's place of origin upon contract expiry or termination. Employers cannot require helpers to work for any person other than the employer, and helpers must perform domestic duties only at the employer's stated residence address.

The Employment Ordinance (Cap. 57) gives foreign domestic helpers on continuous contracts — employed for 4 or more weeks and working 18 or more hours per week — the same statutory entitlements as other employees: at least 1 rest day per 7 days; statutory holidays (currently 17 per year under Cap. 57); annual leave (7 days after 12 months rising to 14 days after 9 years under sections 41A to 41K of Cap. 57); paid sickness allowance under section 33; maternity leave of 14 weeks for eligible employees; paternity leave; and severance payment for redundancy dismissal after 24 months' continuous employment.

The Mandatory Provident Fund Schemes Ordinance (Cap. 485) applies to foreign domestic helpers unless an exemption applies. Employers must enrol the helper in a qualifying MPF scheme or equivalent provident fund scheme within 60 days of commencement of employment under Cap. 485, and must contribute 5% of the helper's relevant income (subject to the statutory cap) each month. Section 6A of Cap. 485 sets out the enrolment obligation, and Section 7 of Cap. 485 specifies the mandatory contribution rates. The Immigration Ordinance (Cap. 115), specifically Section 17 of Cap. 115, makes it a criminal offence for a foreign domestic helper to work for any person other than the specified employer — the domestic helper visa is employer-specific and address-specific, and any breach can result in the helper's deportation and the employer being barred from future sponsorship applications by the Immigration Department.

A Domestic Helper Contract in Hong Kong is required whenever an employer engages a foreign domestic helper, whether for initial employment, contract renewal, or transfer from another employer.

Initial employment of a foreign domestic helper requires a signed Standard Employment Contract (Form ID 407) as part of the visa application to the Immigration Department. Without a compliant contract, the Immigration Department will not issue the helper's work visa. The contract must be signed by both the employer and the helper and submitted with the visa application.

Contract renewal at the end of each two-year fixed term requires a new Standard Employment Contract to be executed. Many Hong Kong families renew their helper's contract multiple times — some domestic helper employment relationships span 10 to 20 years. Each renewal requires a fresh contract in the prescribed form and a new visa application to the Immigration Department.

Transfer of a foreign domestic helper from one employer to another requires both the original employer's consent (except where the original employer is in breach of contract or has initiated early termination) and a new Standard Employment Contract with the new employer. The Immigration Department's Transfer Policy governs the eligibility requirements for transfer before the two-year contract term expires.

Change of residential address requires notification to the Immigration Department. If the employer moves to a new residence, the helper's visa must be updated to reflect the new address, as the visa is address-specific.

Early termination of a domestic helper contract — whether by the employer or the helper — triggers specific legal obligations. The employer must pay all outstanding wages, accrued annual leave pay, wages in lieu of notice (typically one month), and the cost of return passage to the helper's place of origin. If termination is for serious misconduct under section 9 of the Employment Ordinance (Cap. 57), documented evidence of the misconduct is essential if the helper later challenges the termination before the Labour Tribunal.

Employers who enter into additional terms beyond the minimum prescribed by Form ID 407 — for example, agreeing to a higher wage, additional annual leave, or a performance bonus — should document those additional terms in a supplemental agreement. However, any additional term must not conflict with the Standard Employment Contract or reduce any statutory entitlement under Cap. 57.

A Domestic Helper Contract for Hong Kong under the Employment Ordinance (Cap. 57) and Immigration Department Standard Employment Contract (Form ID 407) must include the following key elements.

Parties: Employer's full name, Hong Kong Identity Card number, and residential address; helper's full name, passport number, nationality, and date of birth. The employer's residential address must be the address at which the helper will reside and perform domestic duties under Cap. 115.

Contract period: Start date and the prescribed two-year fixed term under the Immigration Ordinance (Cap. 115) and Form ID 407. Early termination provisions under section 7 of the Employment Ordinance (Cap. 57) apply if either party terminates before the two-year term expires.

Duties: Domestic duties to be performed at the employer's residence only under Form ID 407. Specifying the principal domestic duties — cooking, cleaning, childcare, elderly care — helps avoid disputes. The contract must not require the helper to work at any other address or for any other person.

Wages under Cap. 57: Monthly wage of not less than the Minimum Allowable Wage (MAW) currently HK$4,990 per month, the payment date (not more than 7 days after the end of each wage period under section 23 of the Employment Ordinance, Cap. 57), and the payment method. Wages paid late are a criminal offence under Cap. 57.

Food and accommodation under Form ID 407: Whether the employer provides free food or pays a food allowance (not less than HK$1,313 per month under Form ID 407). Free suitable accommodation with reasonable privacy must be provided at the employer's residence.

Rest days and holidays under Cap. 57: At least one rest day per seven days, plus all statutory holidays under the Employment Ordinance (Cap. 57) and annual leave entitlements under sections 41A to 41K of Cap. 57.

Medical treatment: Free medical treatment, including outpatient consultations and hospitalisation, for illness or injury during the contract period under Form ID 407. The employer should confirm the arrangements for medical care.

MPF enrolment under Cap. 485: The employer must enrol the helper in a qualifying MPF scheme or equivalent provident fund scheme within 60 days of commencement of employment under the Mandatory Provident Fund Schemes Ordinance (Cap. 485), contributing 5% of the helper's relevant income monthly.

Termination and return passage: One month's notice or payment in lieu under Section 7 of Cap. 57; the employer's obligation to provide free return passage to the helper's place of origin upon contract expiry or employer-initiated early termination without cause; and the consequences of summary dismissal under Section 9 of the Employment Ordinance (Cap. 57). Section 31 of Cap. 57 requires all outstanding wages to be paid within seven days of the termination date. Section 41B of Cap. 57 sets out annual leave entitlements on a sliding scale — seven days after completion of 12 months of continuous employment, increasing incrementally to a maximum of 14 days after nine years. Section 33 of Cap. 57 governs paid sickness allowance — a helper who has accumulated sufficient paid sickness days is entitled to sickness allowance at four-fifths of the daily wage during absence from work due to illness. Under Section 32 of the Mandatory Provident Fund Schemes Ordinance (Cap. 485), an employer who fails to enrol a domestic helper in an MPF scheme or fails to make the required monthly contributions commits an offence and is liable to prosecution by the Mandatory Provident Fund Schemes Authority (MPFA). Related documents include the Employment Contract, Termination Letter, and Leave Policy. Forms-legal.com provides a Domestic Helper Contract template compliant with Form ID 407 and the Employment Ordinance (Cap. 57).