1) Application Employer who wish to employ Helpers have to
satisfy the following criteria : (a) The Employer is financially capable of
employing a Helper after his/her household expenditure has been
deducted. In general, for every Helper to be employed, the
employer must have a household income of not less than HK$15,000
per month or assets of comparable amount to support the employment
of a Helper, he/she must have at least HK$30,000 monthly household
income or comparable assets. The monthly household income figure
of HK$15,000 may be adjusted by the Government of the Hong Kong
Special Administrative Region (HKSAR) from time to time. (b) The Helper and the Employer shall enter into
a standard Employment Contract (ID 407) as specified by the
Director of Immigration. (c) The Helper shall only be required to perform
domestic duties for the Employer as per the Schedule of
Accmmodation and Domestic Duties attached to the standard
Employment Contract (ID 407). (d) The Helper shall not be required or allowed
by the Employer to take up any other employment with any other
person during his/her stay in the HKSAR and within the contract
period specified in Clause 2 of the standard Employment Contract
(ID 407). (e) The Employer undertakes to pay the Helper a
salary that is not less than the minimum allowable wage announced
by the HKSAR Government and prevailing at the date of application
for employing the Helper. (f) The Helper shall work and reside in the
employer's residence as specified in Clause 3 of the standard
Employment Contract (ID 407). (g) The Helper shall be provided with suitable
accommodation and reasonable privacy. (h) The bonafide of the Employer and Helper are
not in doubt; there is no known record to the detriment of either
the Employer or the Helper. For details of matters which will be
taken into account, please refer to section IV on "Breaces" below.
The Employer is a bonafide resident in the HKSAR. 2. Wages HK$3,580 per month. 3. Levy Employers who apply to employ Helpers on or
after 1 October 2003 are required to pay an Employees Retraining
Levy (levy) in respect of the Helper to be employed to provide
funds to train and retrain local workers. The levy payable is
HK$400 per month multiplied by the number of months covered by the
employment contract. It shall be paid in a lump sum before the
issuance of visa or by four equal instalments with the first
instalment paid before the issuance of visa. 4. Rest Days, Holidays and Annual
Leaves (a) One rest day in every period of seven
days. (b) Statutory Holidays If the Helper has been employed continuously by the
Employer for three months preceding any of these holidays; he/she
is entitled to the holiday pay. All foreign domestic helpers,
irrespective of their length of services, are entitled to the
following 12 statutory holidays in a year :- - The first day of January;
- Lunar New Year's Day;
- The second day of Lunar New Year;
- The third day of Lunar New Year;
- Ching Ming Festival;
- The first day of May (Labour Day);
- Tuen Ng Festival;
- The first day of July (HKSAR Establishment Day);
- The first day of October (National Day);
- The day following the Chinese Mid-Autumn Festival;
- Chung Yeung Festival; and
- Chinese Winter Sostice Festival or Christmas Day (at the option of the
employer). (c) Annual Leave A Helper is entitled to paid annual leave after
serving every period of 12 months with the same employer. The
helper's entitlement to paid annual leave will increase
progressively from seven days to a maximum of 14 days according to
the length of service as follows : - Years of Service | Number of days of paid annual leave for a leave
year | 1 | 7 | 2 | 7 | 3 | 8 | 4 | 9 | 5 | 10 | 6 | 11 | 7 | 12 | 8 | 13 | 9 & above | 14 |
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