Hong Kong Employment Ordinance for Domestic Helpers: Every Right & Obligation Employers Must Know (2026)

Every foreign domestic helper (FDH) in Hong Kong is employed under two overlapping legal frameworks: the Hong Kong Employment Ordinance (Cap. 57) and the Standard Employment Contract (SEC), also known as ID Form 407. Understanding both isn't optional — the Labour Department investigates complaints actively, and penalties for non-compliance include prosecution, fines, and reputational damage that affects future visa applications.

This guide summarises every major provision in plain English. It is not legal advice — for specific disputes, consult a Hong Kong solicitor or the Labour Department's free advisory service.

PART 1: Wages — What You Must Pay and When

Minimum Allowable Wage (MAW)

The MAW for foreign domestic helpers is set by the Hong Kong government and reviewed periodically. It is separate from the general Minimum Wage Ordinance (which does not apply to FDH). The current MAW figures:

Food Allowance

The employer must either provide three adequate meals per day or pay the standard food allowance (HK$1,236/month from 30 September 2025). Both options are legally equivalent — you cannot pay less than the allowance and provide inadequate food. The food allowance figure is reviewed alongside the MAW.

Wage Payment Rules

• Wages must be paid on the last day of each wage period (typically the last day of the month)
• Payment must be in Hong Kong dollars — no foreign currency, no payment-in-kind
• You must provide a written wage statement each month showing gross pay, deductions (if any), and net pay
• Deductions are only permitted for: accommodation provided (none permitted for FDH live-in arrangement), advances, and court-ordered payments
• Wages must not be withheld as 'security' or 'good conduct deposits' — this is illegal

PART 2: Rest Days, Holidays, and Leave

Rest Days — Cap. 57, Section 17

Every FDH is entitled to at least one rest day per 7-day period. Rest days must be a continuous 24-hour period without work. Under the Standard Employment Contract, Sunday is the default rest day — but employer and helper can agree to substitute another day.

• Rest day must be at least 24 continuous hours without any work
• Employer cannot compel a helper to work on a rest day — doing so without consent and additional payment is a breach of the ordinance
• If the helper agrees to work on their rest day, they must receive a substitute rest day within 30 days
• A helper who works on a rest day at their own request (e.g., to earn extra income) must still be given a substitute day
• Rest days cannot be 'accumulated' or compensated with wages alone — substitute days must actually be taken

Statutory Holidays — Cap. 57, Section 39

FDH are entitled to 17 statutory holidays per year (as of 2023, when 3 additional statutory holidays were added). These are fixed public holidays determined by the government.

• New Year's Day, Chinese New Year (3 days), Ching Ming Festival, Labour Day, Buddha's Birthday, Tuen Ng Festival, Hong Kong SAR Establishment Day, mid-July (Day following HKSAR Establishment Day), The day following Mid-Autumn Festival, National Day, Chung Yeung Festival, Christmas Day, First weekday after Christmas
• If a statutory holiday falls on the helper's rest day, a substitute holiday must be granted within 60 days
• Employers must pay the normal daily wage for each statutory holiday
• Helper must have been employed for 3 months continuously before being entitled to paid statutory holidays (but the days off themselves are mandatory regardless)

Annual Leave — Cap. 57, Sections 41–41B

• Annual leave is paid at the full daily wage rate
• Leave must be taken within the leave year (or within 12 months of the reference period ending)
• Employer and helper can agree on the timing of leave — but employer cannot unilaterally deny leave entitlement
• If the contract ends before all leave is taken, untaken leave must be paid out as a lump sum

Sick Leave — Cap. 57, Sections 33–36

Sick leave accumulates at a rate of 2 paid sick days per month of service, up to a maximum of 36 days. The key condition for paid sick leave is a medical certificate from a registered doctor.

• Accumulation: 2 paid sick days per completed month of employment
• Maximum accumulation: 36 days (after 18 months of service)
• Paid sick leave rate: 4/5 of the daily wage (80%)
• Sick leave of 4+ consecutive days requires a medical certificate from a registered doctor
• Sick leave on 1–3 consecutive days can be self-certified (though employer can request a certificate)
• Employer cannot dismiss a helper while they are on certified sick leave
• Sick leave beyond the accumulated entitlement can be taken as unpaid leave — employer cannot terminate for genuine illness

Maternity Leave — Cap. 57, Sections 12–14B

• Entitlement: 14 weeks' maternity leave (increased from 10 weeks in June 2020)
• Pay rate: 80% of average daily wages (from government-funded maternity leave supplement introduced 2020)
• Eligibility: Helper must have been employed for 40 weeks continuously before the expected birth date
• The helper must give at least 4 weeks' notice of taking maternity leave
• An employer cannot dismiss a helper because of pregnancy — this is illegal discrimination

PART 3: Termination Rules

Notice Requirements

• Either party may terminate the contract with 1 calendar month's written notice
• Alternatively, payment of 1 month's wages in lieu of notice is permitted
• During probation (first month): either party can terminate with 7 days' notice or 7 days' wages in lieu
• No notice is required (summary dismissal) if the helper: commits theft or fraud, willfully disobeys lawful orders, is guilty of assault or misconduct, or is convicted of a criminal offence

Severance Payment — Cap. 57, Sections 31–33A

Severance payment applies when an employer dismisses a helper who has been continuously employed for 24 months or more, AND the dismissal is not due to serious misconduct.

Long Service Payment — Cap. 57, Sections 29–31

Long service payment is different from severance. It applies when an employer dismisses a helper who has worked continuously for 5 or more years, regardless of the reason for dismissal (unless for serious misconduct).

• Rate: 2/3 of last month's wages per year of service (same formula as severance)
• Minimum service: 5 continuous years
• Both severance AND long service payment are not payable simultaneously — whichever is higher applies
• Long service also applies if a helper aged 65+ resigns or if the helper dies in service

PART 4: Accommodation Obligations

The Standard Employment Contract (ID Form 407) requires employers to provide suitable accommodation with reasonable privacy. The Immigration Department and Labour Department have reinforced these requirements in recent years following complaints.

• Must be within the employer's residence — the helper must live in your home
• Must have reasonable privacy — a dedicated sleeping space is required; curtained alcoves in shared areas may not qualify
• No deduction from wages is permitted for accommodation — the employer bears the cost
• The employer cannot rent a separate room for the helper outside the family home — this breaches immigration conditions
• Helpers have the right to adequate sleeping hours — working conditions that prevent sufficient rest may constitute a labour breach

PART 5: Insurance Obligations

Under the Employees' Compensation Ordinance (Cap. 282), all employers in Hong Kong must maintain valid Employees' Compensation (EC) insurance for every employee, including domestic helpers. This is mandatory — not optional.

• Minimum EC coverage: HK$100 million per event
• The policy must be in place before the helper's first day of work — not after
• Policy must cover the helper 24 hours a day, 7 days a week while they are resident in your home
• Most insurers offer combined 'maid insurance' policies covering EC + hospitalisation + personal accident + third-party liability
• The EC component costs approximately HK$1,200–1,600/year; comprehensive policies range from HK$2,500–5,000/year
• Failure to maintain EC insurance is a criminal offence — fines up to HK$100,000 and 2 years' imprisonment

PART 6: What the Labour Department Can Do

The Labour Department (LD) takes FDH complaints seriously. They receive thousands of complaints per year from both helpers and employers, and they have investigative powers that most employers underestimate.

• Any helper can file a complaint with the LD — no cost, no legal representation required
• LD conciliation is free and mandatory before proceedings move to the Labour Tribunal
• The Labour Tribunal can order employers to pay wage arrears, sick leave pay, holiday pay, severance, and long service
• Employers found in breach cannot simply terminate and re-hire — the breach is on record
• Repeated or serious breaches can result in the employer being blacklisted, affecting future visa applications for helpers
• Criminal prosecution is possible for wilful underpayment, failure to provide EC insurance, and unlawful dismissal

Quick Reference: Employer Obligations Checklist

• ✅ Pay MAW of HK$5,100/month or above — never below
• ✅ Provide food or HK$1,236/month food allowance
• ✅ Grant 1 rest day per 7-day period (minimum)
• ✅ Grant all 17 statutory holidays with full pay
• ✅ Allow annual leave to accumulate as required (7–14 days per year)
• ✅ Pay sick leave at 4/5 daily wage with valid medical certificate
• ✅ Maintain valid Employees' Compensation insurance from day 1
• ✅ Provide suitable accommodation with reasonable privacy within your home
• ✅ Issue written monthly wage statements
• ✅ Never withhold wages as 'security deposits'
• ✅ Provide 1 month notice or wages in lieu for termination
• ✅ Pay severance after 24 months; long service after 5 years
• ✅ Issue release letter (ID 407E) promptly after termination
• ✅ Provide one-way airfare home if the helper is being repatriated