Nanny Contract (Hong Kong)

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

The Employment Ordinance (Cap. 57) is the central statute. Employees under a continuous contract — meeting the 418 test of 4 weeks or more employment with at least 18 hours per week — are entitled to: statutory minimum wage (currently HKD 40 per hour as of 2023); rest days (at least 1 rest day per 7-day period); 13 statutory holidays under Part VIII of the Ordinance; paid annual leave starting from 7 days per year increasing with service; paid sick leave at 4/5 of normal wages for up to 120 days (after completing 1 month of continuous service); and maternity leave under the Maternity Protection Ordinance (Cap. 57 Part VIII, now consolidated into Cap. 57).

The Mandatory Provident Fund Schemes Ordinance (Cap. 485) requires employers to enrol employees in an MPF scheme once they have been employed for 60 days or more. Both employer and employee contribute 5% of relevant income (capped at a maximum relevant income of HKD 30,000 per month, giving a maximum employer contribution of HKD 1,500 per month). The employer deducts the employee's 5% contribution from salary and remits both contributions to the MPF trustee.

Where the nanny is a foreign domestic helper (FDH) recruited from overseas — typically from the Philippines or Indonesia — the Immigration Department's Standard Employment Contract for foreign domestic helpers applies instead of a privately negotiated contract. The Standard Employment Contract sets the minimum allowable wage (HKD 4,870 per month as of 2023), requires live-in accommodation, provides for a return air ticket, and regulates the FDH's permitted activities. Local nannies engaged under the Employment Ordinance (Cap. 57) are not subject to the FDH regime.

The Labour Department administers the Employment Ordinance and provides conciliation services for employment disputes. Where a dispute about wages, leave, or termination cannot be resolved, the Labour Tribunal — a specialist employment court in Hong Kong — provides a relatively affordable forum for resolving claims up to HKD 500,000. Forms-legal.com provides a Nanny Contract template compliant with the Employment Ordinance (Cap. 57) for Hong Kong families.

The Occupational Safety and Health Ordinance (Cap. 509) applies to employment in Hong Kong and imposes duties on employers to provide a safe working environment. While domestic employment in a private home is generally excluded from Cap. 509's scope, employers of live-in nannies should nonetheless take reasonable steps to confirm the nanny's workplace — the family home — is safe and free from hazards. This is particularly important where the nanny performs childcare duties that involve using kitchen equipment, climbing stairs, or moving between rooms.

The Minimum Wage Ordinance (Cap. 608) sets the statutory minimum wage in Hong Kong. The Labour Department announces adjustments to the minimum wage rate periodically. As of the current rate, the minimum wage is HKD 40 per hour. All hours worked by the nanny — including time spent on standby or waiting during the nanny's working day — must be compensated at not less than the minimum wage rate. Families who provide a live-in nanny with accommodation should note that the minimum wage calculation must reflect all compensable work time, not just active childcare hours. Forms-legal.com provides a Nanny Contract template compliant with the Employment Ordinance (Cap. 57) and the Minimum Wage Ordinance (Cap. 608) for Hong Kong families.

A Nanny Contract is needed in Hong Kong whenever a family engages a nanny or childcare worker, whether on a full-time, part-time, or live-in basis. The contract should be signed before the nanny starts work and before any probationary period begins.

Families hiring a full-time local nanny — a Hong Kong resident engaged to care for children during working hours — need an employment contract that sets out the salary, hours, duties, MPF enrolment, and statutory leave entitlements under the Employment Ordinance (Cap. 57). Without a written contract, disputes about pay, hours, and termination are more difficult to resolve.

Dual-income households engaging a part-time nanny for school pickups, after-school care, or weekend childcare need a contract that specifies the agreed hours, the hourly rate in HKD, whether the 418 continuous employment test is met (triggering full Employment Ordinance protections), and the rest day arrangements.

Families engaging a live-in nanny need a contract that addresses the accommodation arrangement — whether rent is charged, utilities responsibility, privacy arrangements, and what happens to the accommodation if employment ends. Live-in arrangements are more likely to meet the 418 test given the hours involved.

Families who previously employed a nanny informally — without a written contract — and wish to formalise the relationship need a written contract to document the agreed terms, protect both parties against future disputes, and confirm the MPF enrolment status. The Labour Department may examine the substance of the employment relationship when disputes arise.

Families whose nanny has served for 2 or more years of continuous employment should confirm the contract addresses severance payment entitlements under Section 31G of the Employment Ordinance (Cap. 57). After 5 years of continuous employment, long service payment obligations under Section 31S apply. These statutory entitlements cannot be excluded by contract and must be factored into the terms of engagement.

Families relocating to Hong Kong from overseas who wish to bring their existing nanny on a dependant or domestic helper visa should seek immigration advice before relying on this contract template, as foreign domestic helpers are subject to the Standard Employment Contract prescribed by the Director of Immigration under the Immigration Ordinance (Cap. 115), which differs from a privately negotiated nanny contract for a Hong Kong resident.

Single-parent households engaging a nanny on a flexible or shared basis — where the nanny is shared between two families on a cost-sharing arrangement — need separate contracts with each family, as the nanny's employer for Employment Ordinance and MPF purposes must be clearly identified. Joint employment arrangements are complex and require careful legal structuring to avoid disputes about which family is responsible for statutory entitlements.

A complete Hong Kong Nanny Contract must include all the elements required by the Employment Ordinance (Cap. 57) and should address the specific practical requirements of live-in or live-out childcare employment.

Parties: Full legal names and addresses of the employer (the family, typically both parents if both are parties) and the employee (nanny), including HKID numbers. For live-in arrangements, the employment address (the family home) should be specified.

Job Title and Duties: A detailed description of the nanny's responsibilities — childcare for named children (with ages), school runs, preparation of children's meals, supervision of homework, light housekeeping duties directly related to childcare, and any other agreed duties. The scope of duties should be specific to avoid disputes about tasks outside the agreed role.

Working Hours and Rest Days: The agreed daily and weekly working hours, the designated rest day(s) per week (at least 1 per 7 days under the Employment Ordinance Cap. 57), and the arrangement for overtime where hours exceed those specified. The statutory minimum wage of HKD 40 per hour applies to all hours worked.

Salary: The monthly salary in HKD, the payment date (typically the last working day of the month), and the payment method (bank transfer). Any deductions — for accommodation in a live-in arrangement — must comply with the Employment Ordinance provisions on permitted deductions.

MPF Contributions: Confirmation that the employer will enrol the nanny in an MPF scheme under Cap. 485 once the 60-day threshold is reached, contribute 5% of relevant income (up to HKD 1,500 per month), and deduct and remit the employee's 5% contribution. The name of the MPF trustee and scheme should be specified once enrolled.

Statutory Holidays and Annual Leave: The 13 statutory holidays under Part VIII of the Employment Ordinance, and the annual leave entitlement starting from 7 days in the first year and increasing to 14 days after 9 years of continuous service.

Sick Leave: The employee's entitlement to paid sickness allowance at 4/5 of daily wages for sickness days backed by a medical certificate, up to the accrued sick leave days (4 days per month up to a maximum of 120 days).

Probationary Period: A probationary period (typically 1 to 3 months), during which either party may terminate by giving not less than 7 days' notice or paying 7 days' wages in lieu, under the Employment Ordinance.

Notice Period: The minimum notice period for termination after the probationary period — at least 1 month under the Employment Ordinance (Cap. 57), or payment of 1 month's wages in lieu of notice.

Confidentiality: Obligations on the nanny to maintain the confidentiality of the employer's household information, financial affairs, and personal data about the children and family members, consistent with the Personal Data (Privacy) Ordinance (Cap. 486).

Governing Law: The laws of the Hong Kong Special Administrative Region, with disputes referred to the Labour Department conciliation service and, if unresolved, the Labour Tribunal.

Emergency and Medical Procedures: Authorisation for the nanny to seek emergency medical treatment for the children in the employer's absence, together with information about the children's medical conditions, allergies, and healthcare providers. This clause is important for childcare arrangements where the nanny may be the sole responsible adult with the children for extended periods. Forms-legal.com provides a Nanny Contract template compliant with the Employment Ordinance (Cap. 57) and the Mandatory Provident Fund Schemes Ordinance (Cap. 485) for Hong Kong families engaging nannies.