[A must-read for new employers] A comprehensive guide for employing domestic helpers!
Lifestyle2024-08-23
6 Mins Read
Hiring foreign domestic helpers has become a common choice for many families in Hong Kong. According to the Census and Statistics Department of Hong Kong, as of the end of 2022, there were approximately 380,000 domestic helpers in Hong Kong, primarily from the Philippines and Indonesia.
Domestic helpers play a crucial role in households, not only reducing the burden of housework but also helping to maintain a more organised family life. For new employers, managing a domestic helper effectively can enhance work efficiency and create a harmonious home environment. This article provides practical information and important considerations for those looking to hire a domestic helper, helping you become a wise employer!
Important considerations when hiring a domestic helper
The recruitment process
Choosing the right agency is the first step in hiring a domestic helper. You should opt for an agency with a good reputation and professional services. You can check online reviews and recommendations from other employers to select agencies known for their quality service. Additionally, ensure that the foreign domestic helpers provided by the agency have legal documentation and work permits.
The interview process is a crucial part for recruitment. During the interview, you can assess whether the domestic helper meets your family's needs by asking about their working experience, professional skills, and expectations for the job. You can also ask practical questions, such as how they would handle sudden situations with children or the elderly, and their cooking and cleaning skills. Pay attention to their attitude and communication skills during the interview, as these are important evaluation criteria as well.
Background checks should not be overlooked. You can try contacting the domestic helper's previous employers to inquire about their work performance and character, ensuring they have not had any major issues in their past employment. This can significantly reduce potential future problems.
The employment contract
A detailed and legally binding employment contract is the foundation for protecting the rights of both the employer and the domestic helper. The contract should include the following key terms:
1. Salary: Clearly state the amount and method of payment, ensuring it meets Hong Kong's minimum wage standards. Currently, the minimum wage for domestic helpers in Hong Kong is HKD4,730 per month.
2. Working hours: Specify daily working hours and weekly workdays. According to the law, domestic helpers are entitled to at least one rest day per week.
3. Scope of work: Clearly outline the domestic helper's duties, including cleaning, cooking, and caring for children or the elderly, to avoid misunderstandings in the future.
4. Rest days and holidays: Specify rest days, statutory holidays, and annual leave arrangements. Under Hong Kong law, domestic helpers are entitled to seven days of paid annual leave after completing 12 months of service.
5. Accommodation arrangements: According to Hong Kong law, employers must provide suitable accommodation for their domestic helpers, ensuring their basic living needs are met. However, there is no strict requirement for employers to provide a separate room, as the typical living environment in Hong Kong is relatively small, making this requirement impractical.
6. Termination clause: Define the terms of termination and the responsibilities for breach of contract, ensuring that there is a legal basis in the event of a dispute.
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Daily interaction with your domestic helper
Effective communication and management skills are crucial for ensuring smooth work and building a good working relationship with your domestic helper.
- Establishing good communication channels: The first step in managing your domestic helper is to establish solid communication channels. Regular face-to-face communication is essential, as it helps resolve daily issues and enhances mutual understanding and trust. Regular communication can take the form of brief weekly meetings or in-depth monthly discussions. This allows the domestic helper to understand her job performance and areas for improvement. Acknowledge and praise good work promptly to motivate her to maintain high productivity. Additionally, offer specific, constructive feedback on areas that need improvement to help her develop her skills and efficiency.
- Respect and understanding: Respect and understanding are the cornerstones of a good working relationship. Since your domestic helper comes from a different cultural background, it's important to respect her cultural differences and personal privacy. For example, when assigning tasks and setting household rules, consider her cultural practices and personal beliefs, avoiding requests that conflict with her culture or religion. This helps create a harmonious work atmosphere and enhances her job satisfaction. Additionally, it's necessary to respect your domestic helper's personal privacy. In the workplace, avoid interfering with her private life, such as not looking through her personal belongings or disturbing her during rest time. Such respect can make her feel valued and maintain a positive attitude towards her work.
- Encouragement and motivation: Encouragement and motivation are vital for boosting your domestic helper’s work enthusiasm. A reward system is an effective way to increase her motivation and satisfaction. For example, offering additional bonuses, benefits, gifts and thank you cards, or even taking her to dinner based on her job performance and contributions can make her feel appreciated. Another motivational strategy is to set clear goals and challenges. By working together to set achievable work goals, you can inspire her work passion and give her a sense of accomplishment when those goals are met.
Benefits for domestic helpers
Fair compensation
Under Hong Kong law, employers must pay their domestic helpers a salary that meets the minimum wage requirement. As of 2023, the minimum wage for foreign domestic helpers is HKD4,730 per month. Employers can adjust the salary according to the domestic helper’s experience and skills.
Additional benefits
In addition to the basic salary, employers should provide additional benefits, including the following:
- Annual salary increment: Employers may consider adjusting the salary annually or providing a raise based on the domestic helper’s job performance and tenure.
- Year-end bonus: Some employers offer an additional year-end bonus based on the domestic helper’s performance and the family’s financial situation as a token of appreciation for their work.
- Other benefits: These may include meal allowances, transportation allowances, etc., which can be provided based on the specific needs of the household.
Statutory holidays
According to Hong Kong law, domestic helpers are entitled to at least one rest day per week. In addition to weekly rest days, domestic helpers are also entitled to the following statutory holidays:
- Public holidays: This includes New Year's Day, Lunar New Year, Ching Ming Festival, Labour Day, Dragon Boat Festival, Mid-Autumn Festival, National Day, etc. Public holidays in Hong Kong may vary annually, so employers should provide corresponding rest days according to the holiday schedule.
Sick leave
If a domestic helper needs to take sick leave during employment, they are entitled to seven days of paid sick leave after completing 12 months of service, according to Hong Kong law. If they take more than this number of sick leave due to illness, the employer should arrange unpaid sick leave based on medical proof and the actual situation.
Annual leave
After completing 12 months of service, domestic helpers are entitled to seven days of paid annual leave. Employers should schedule the domestic helper’s annual leave in advance and ensure that they have adequate time to rest and relax during their leave.
Insurance for domestic helpers
Employers must purchase appropriate insurance for their domestic helpers, covering the following areas:
- Employee compensation: This covers the employer’s legal liability under the Employee’s Compensation Ordinance and common law.
- Medical coverage: This covers the domestic helper’s medical expenses related to outpatient visits, hospitalisation, surgery, etc., due to accidents or illness.
- Personal accident coverage: This covers the domestic helper in case of permanent disability or death due to an accident during their rest days in Hong Kong.
For example, AXA SmartHelper Plus for domestic helpers offers employee compensation coverage of up to HKD100 million per incident, fully protects your legal liability as an employer under the Employees' Compensation Ordinance and Common Law. It also provides extensive medical benefit, with no excess and no waiting period, ensuring that the medical benefit will take effect with the policy without having to wait a single day.
SmartHelper Plus Foreign Domestic Helper Comprehensive Plan
Protect your domestic helper from unexpected accidents and injuries with AXA's domestic helper insurance.
Preparing for your domestic helper's arrival
Proper preparation before your domestic helper arrives can help her quickly adapt to the new environment and enhance work efficiency. Here are some important steps to consider:
Communication before arrival
Effective communication is key to successfully employing a domestic helper. Good pre-arrival communication can help her adopt to the new environment more quickly and reduce potential misunderstandings and conflicts.
1. Introducing family members and the environment: Upon your domestic helper's arrival, introduce her to the family members, living environment, and daily routines. This includes the names, ages, and needs of family members, as well as the household's schedule and any specific requirements.
2. Clarifying job expectations: Clearly explain her job duties and your expectations, including daily household chores and specific care needs for family members. This helps prevent disputes over unclear job responsibilities.
3. Sharing family culture and habits: Discuss family preferences, such as dietary habits, sleeping patterns, and holiday celebrations. This helps the domestic helper integrate into the family and adapt to the details of daily life.
4. Setting rules and expectations: Upon her arrival, discuss the family's rules and expectations, such as working hours, rest days, and daily routines. Clear guidelines help both parties reach a mutual understanding, reducing the likelihood of future problems.
5. Providing contact information: Make sure your domestic helper has clear contact details and support channels. If she has any questions or needs, she should be able to easily reach you or other family members.
Handling sudden resignation of a domestic helper
When a domestic helper suddenly resigns, it can leave employers feeling helpless. Having effective response measures in place and understanding the steps for rehiring are crucial to managing such a situation successfully.
Emergency response measures
If your domestic helper suddenly leaves without notice, initiating an emergency backup plan is essential. Here are the steps you can take:
Temporary assistance: Check if other family members or friends can temporarily help with daily chores. While this may not completely replace the domestic helper's work, it can temporarily fill the gap.
Contacting Agencies or Platforms: Quickly reach out to the agency or domestic helper recruitment platforms to seek their emergency replacement services. Many agencies offer urgent arrangement services and can find temporary workers or new candidates in a short time.
If you are insured under AXA SmartHelper Plus Foreign Domestic Helper Comprehensive Plan, you can benefit from multiple protections, making the process of recruiting a new helper easier.
SmartHelper Plus Foreign Domestic Helper Comprehensive Plan
Protect your domestic helper from unexpected accidents and injuries with AXA's domestic helper insurance.
Key features of AXA SmartHelper Plus Foreign Domestic Helper Comprehensive Plan:
1. Replacement cost
If your domestic helper suddenly resigns due to the following conditions, you can claim expenses for hiring a new helper:
- Sudden leave of the insured helper without notice, given she/he has been working for over 2 consecutive years.
- Early termination of employment contract that has occurred more than two times in a year.
- Malicious act or negligence of insured helper causing injury to your family member.
Coverage amount is up to HKD8,000 per policy year.
2. Service interruption allowance
If the insured helper is hospitalised for five consecutive days or more, the employer can receive a cash allowance to compensate for the inconvenience caused by the service interruption. The maximum amount is HKD6,000 per policy year (HKD200 per day).
3. Helper dishonesty protection
If the insured helper's fraud or dishonest acts cause financial loss to the employer, the insurance provides coverage, including expenses for replacing locks. The maximum amount is up to HKD8,000 per policy year, with a limit of HKD1,000 for lock replacement.
SmartHelper Plus Foreign Domestic Helper Comprehensive Plan
Protect your domestic helper from unexpected accidents and injuries with AXA's domestic helper insurance.
Terminating the employment contract
When you need to terminate the employment contract with your domestic helper, it's important to fulfill both legal and ethical responsibilities. These responsibilities ensure that the helper can return to her country safely and in accordance with Hong Kong labor laws. Here are the main responsibilities of the employer:
Flight and travel arrangements
The employer is responsible for the cost of the domestic helper's return flight. According to Hong Kong's Labor Department regulations, the employer should provide a return flight ticket and ensure the helper's safe return to her home country. If the contract ends or needs to be terminated early, the employer should arrange for her return.
Notice period for contract termination
Employers must follow the contract’s termination clauses to officially end the employment contract. As per the contract, the employer should provide one month's notice to give the helper enough time to prepare for her return.
Salary settlement
Before the helper leaves, the employer should settle all wages, including unpaid salary, overtime pay, compensation for annual leave, and sick leave. All financial settlements should be clear, accurate, and accompanied by official payment receipts.
Document handling
The employer should ensure that all legal and administrative procedures are completed before the helper leaves Hong Kong. This includes assisting her with exit procedures and ensuring her work visa or other necessary documents are canceled or updated.
Maintaining a positive relationship and mutual protection
In summary, employing a domestic helper can be both challenging and essential for many families. A domestic helper is not just your assistant but also a part of the household. Providing her with space and respect, maintaining regular communication, and offering praise and encouragement when appropriate can create a positive working environment, making your family life smoother. Most importantly, knowing how to protect yourself while also safeguarding the helper is key. In the event of sudden circumstances, stay calm and flexible, and you'll always find a solution.
Reference:
1. Hong Kong Census and Statistics Department: "Hong Kong Domestic Helper Statistics Report 2022"
2. Hong Kong Labour Department: "Minimum Wage Standards for Foreign Domestic Helpers"
Insurance coverage varies and is subject to its terms and conditions. For details about the coverage of specific products, please refer to the product brochures and policy agreements.
AXA Hong Kong and its related or holding companies make no guarantees or warranties regarding the information and materials provided, including but not limited to their non-infringement, security, accuracy, completeness, adequacy, reasonableness, fitness for purpose, or absence of computer viruses. AXA Hong Kong and its related or holding companies shall not be liable for any losses, damages, costs, or other expenses, whether in whole or in part, direct or indirect, arising from any errors, inaccuracies, or omissions related to the information and materials, except as required by law.
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SmartHelper Plus Foreign Domestic Helper Comprehensive Plan
Life is busy in Hong Kong, and while hiring a helper makes complete sense for your family, it also comes with obligations. Be a responsible and caring employer with our accidental and medical protection plan for your helper that provides the security and peace of mind to make your home a happy one.
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