What's Inside Your Employment Contract:

1. Summary of Benefits
2. Copy of contract

Top Tips for Protecting Your Employment Rights:

1. In English
2. In Bahasa

Frequently Asked Questions:

1. Should my employer or my agency "keep" my passport or other travel documents of mine?
2. How much money should I get paid each month?
3. How many rest days am I entitled to each month?
4. Am I supposed to get all statutory holidays off and should my employer pay me for them?
5. When do I qualify for annual leave?
6. When am I entitled to home leave?
7. If I get sick, should I get sick leave?
8. If I get pregnant, am I entitled to maternity leave?
9. What is the difference between severance pay and long service pay and when do I qualify for them?
10. What should I do if I am injured while working?
11. What else should I know about my due wages?
12. Does my employer legally have the right to deduct money from my monthly salary?
13. What are some good tips on how to get along with my employer?
14. How do I renew my employment visa in HK?
15. Can I change to another type of job?
16. Can I change employers?
17. Is it okay for my employer to ask or make me work at another house?
18. Who can terminate the contract?
19. If I choose to run away from my employer, where can I go?
20. What should I do if my employer terminates my contract?
21. If my employer is abusing me, whether it is physical or sexual, what should I do?
22. What compensation am I entitled to if my employment contract is terminated?
23. What is considered unlawful termination?
24. What are my Statutory Holidays in 2004?
25. Which organisations can I turn to for help?

What's Inside Your Employment Contract:

Employment Contract Summary of Benefits

• Payment of origination fees to Hong Kong.
• A minimum monthly wage (currently $3,270).
• One rest day for every 7 days.
• 12 statutory holidays per year.
• Paid annual leave.
• Paid sickness allowance.
• Paid maternity leave.
• Severance payment.
• Long service payment.
• Accident/injury compensation.
• Paid medical/dental treatment in Hong Kong.

If your employment contract is ending or is terminated, you may be eligible for the following monetary claims:

• Wages in arrears, including underpayment and food allowance.
• Wages in lieu of notice.
• Wages for rest days.
• Wages for annual leave.
• Wages for statutory holidays.
• Wages for long service.
• Wages for severance pay.
• Payment for medical/dental treatment.
• Travel allowance to/from your home of origin.
• Air fare back to your home of origin.
• Departure tax.
• Agency fees.
• Other expenses.

Top Tips for Protecting Your Employment Rights

Your Hong Kong Employment Contract can help to protect your rightful benefits.

• Know the specifics of your employment contract.
• Make sure that your employer is following the requirements of the employment contract.
• Do NOT accept a monthly wage less than the minimum wage.
• Keep a log of your monthly wages and deposit slips.
• Keep a log of your monthly expenses.
• Keep a calendar of all rest days and holidays.
• Keep a calendar of annual leave dates.
• Keep a daily journal of your activities and treatment by your employer.
• NEVER sign letters that have blank spaces on them.
• NEVER sign receipts that have blank spaces on them.
• NEVER sign receipts for money that you have not received.
• NEVER sign statements that are not true. " Work ONLY for the employer written on your employment contract.
• Work ONLY at the location written on your employment contract.
• If you suffer maltreatment, physical or sexual abuse from your employer or his/her family members, call the police at 999 immediately.
• Get help right away if you have problems with your employment.
• Contact the Mission for Filipino Migrant Workers at 2522-8264.
  People from all nationalities can be assisted.

Top Tips Untuk Melindungi Hak Dalam Kontrak Kerja

Kontrak Kerja Anda Dapat Menolong dan Melindungi Hak - Hak Anda

• Tahu maksud yang tercantum di dalam surat kerja anda.
• Yakin bahwa majikan anda mengikuti atau mentaati apa yang ada dalam kontrak kerja tersebut.
• Jangan menerima gaji di bawah gaji minimum.
• Simpan kwitansi gaji atau slip deposit setiap bulan.
• Tulis tanggal dan berapa kali anda libur atu libur nasional.
• Ingat aktivitas sehari-hari juga sikap majikan terhadap anda.
• Jangan tanda tangan surat apa pun jika tidak ( kertas kosong ).
• Jangan tanda tangan jika kwitansi kosong atu tidak ada tulisan.
• Jangan tanda tangan kwitansi jika kamu tidak menerima uang.
• Kerja harus di alamat yang sama dengan kontrak kerja.
• Kerja pada majikan harus sama dengan apa yg ada dalam kontrak kerja.
• Jika kamu ada penganiayaan fisik dan penganiayaan sexual dari majikan atau anggota keluarga majikan,lebih baik anda tlp polisi secepatnya (tlp polisi 999 ).
• Simpan passport dan kontrak kerja anda,jangan kasih agency atau majikan.
• Jangan bayar potongan gaji untuk agency lebih dari 1 bulan.
• Jika anda punya masalah dengan majikan atau konsultasi tentang hak anda dalam kontrak kerja, pls call to Mission For Fillipino Migrant Workers 2522-8264.
  Kami akan menolong anda

Frequently Asked Questions:

1.) Should my employer or my agency "keep" my passport or other travel documents of mine?

When you arrive in Hong Kong, some employers or agencies may ask you to keep your passport. By law, you have the right to refuse to surrender your passport and other personal documents to your employer or your agency staff member. It is unlawful to force you to give up these documents. If this happens, you should contact the Police or your Consulate for assistance.

2.) How much money should I get paid each month?

All foreign domestic helpers in Hong Kong, regardless of nationality, should receive wages as stated in the standard employment contract, which should not be less than the minimum allowable wage as set by the Government. For any standard employment contract made on or after April 1, 2003, the entitled minimum wage is HK$3,270.00 per month. An employer is NOT allowed to impose or reach a private agreement with the foreign domestic helper on a lower wage rate. An employer who underpays wages commits an offense under the Employment Ordinance and is liable to a fine up to HK$200,000 and one year's imprisonment.

3.) How many rest days am I entitled to each month?

As a domestic helper, you are entitled to one rest day for every period of seven days. A rest day is a continuous period of at least 24 hours during which you are entitled to refrain from working for your employer. An example: if you leave your employer's house at 7:00am on Sunday, you legally do NOT have to work again until 7:00am on Monday.

4.) Am I supposed to get all statutory holidays off and should my employer pay me for them?

Yes, you are entitled to take off from work on all statutory holidays, even if your contract begins on a statutory holiday. However, for the first three consecutive months of your employment, your employer is NOT legally required to pay you for the statutory holidays that you take. This does not mean that you are not allowed to take the holiday. It just means that if you choose to take the day off, the employer does not have to pay you for it. From the fourth

5.) When do I qualify for annual leave?

If you have worked for the same employer for at least 12 months consecutively, you are legally entitled to seven days' paid leave. The number of paid leave days increases progressively according to the length of service, up to a maximum of 14 days. See the chart below:

6.) When am I entitled to home leave?

If you and your employer enter into a re-engagement contract, you should return to your place of origin, at the expense of your employer, for a vacation of seven or more days before the beginning of the new contract. You must agree with your employer before signing the contract whether this vacation will be paid or not.

7.) If I get sick, should I get sick leave?

For each complete month that you work, you accumulate two paid sick days. According to HK law, the employer does not have to pay you a sickness allowance unless you have accumulated enough sick days and are sick for 5 days or more. This means that in order to be entitled to the sickness allowance, you must work 3 consecutive months, accumulating a total of 6 paid sick days. For clarification, sickness allowance is equal to four-fifths your normal daily wages. Remember: You MUST be sick for at least 5 days and provide an appropriate medical certificate to your employer in order to receive this allowance.

8.) If I get pregnant, am I entitled to maternity leave?

All foreign domestic helpers, who have been employed for at least four weeks immediately before the beginning of the maternity leave, are entitled to 10 weeks maternity leave. You must give a notice of pregnancy to your employer. Also, you can be eligible for maternity leave pay, equivalent to four-fifths of your normal wages, if you have satisfied certain conditions. One of these conditions is working for more than 40 weeks immediately prior to the beginning of the scheduled maternity leave.

9.) What is the difference between severance pay and long service pay and when do I qualify for them?

You are entitled to severance pay if you satisfy the following conditions:

• You were dismissed or your employer refused to renew your contract upon the expiration of the current term because of redundancy (meaning, the employer no longer needs your services), and you had worked for your employer for at least 24 months immediately before the dismissal.

You are entitled to long service pay if you satisfy the following conditions:

• You must have worked for the same employer for at least five years, and you resigned because of old age (65 or above) or permanent unfitness, or you were dismissed for reasons other than redundancy or summary dismissal, or your employer refused to renew your contract upon its expiration.

If the foreign domestic helper dies in service after working for the same employer for at least five years, his/her family is legally entitled to the long service payment. Both severance pay and long service pay are equivalent to two-thirds of your last month's wages for each year you have worked.

Example: If your salary is HK$3,270 each month and you have worked for the same employer for 8 years, you would be entitled to: $3,270 x 2/3 x 8 years = $17,439.99.

10.) What should I do if I am injured while working?

If you are injured or incapacitated in an accident arising out of and in the course of your employment, or if you suffer from a prescribed occupational disease, your employer is liable to pay compensation.

11.) What else should I know about my due wages?

Here are some good guidelines to follow in respect to your wages:

• Your salary should be written in your employment contract. Do NOT sign any employment contract with the amount of wages left blank or covered up.
• Your employer should pay your salary directly to you in cash, or into your bank account, or by check with your prior consent, no later than 7 days after the end of the wage period. (If you started on 16 May, you should be paid somewhere between 15 May to 21 May.)
• If your employer claims that your salary has been deposited into your bank account, ask your employer to provide written proof of payment and then check your own bank account to see if the correct amount has been deposited.
• If you have opened a bank account for receiving wage payment, do not give your bankbook or ATM card to anyone, including your employer. This way no one can withdraw money from your account without your authorization.
• Only sign the salary receipt produced by your employer if you have received the money and it is the correct amount. NEVER sign a number of blank wage receipts in advance because the employer could always fill in false information later.
• Maintain your own records on the amount of wages you actually receive, as well as other payments you receive throughout your employment period.
• Do NOT refund wages or a portion of wages to your employer at his/her request after the payment has been made.

12.) Does my employer legally have the right to deduct money from my monthly salary?

Only in special circumstances can your employer make deductions from your wages. These circumstances include:

• Repaying a loan from your employer with your written consent
• If you have damaged or lost something belonging to your employer through your negligence or fault. If you damage or lose something belonging to your employer, the value of the damage or loss can be deducted from your wages up to a maximum of HK$300 for each item. The total amount of such deductions in one month must NOT be more than 25% of your monthly wages. (Meaning, if you get paid $3,270 each month, the total deductions cannot exceed $817.50. You cannot be paid less than $2,452.50 each month for deduction purposes.)

From 1 October 2003 onwards, all employers of foreign domestic helpers are required by law to pay an Employees Retraining Levy of HK$400 per month for each domestic helper. The employer can NOT deduct the levy payment from your wages. If your employer underpays you or deducts your salary unlawfully, immediately complain to the appropriate branch office of the Labour Relations Division of the Labour Department. You can also contact the Mission for Filipino Migrant Workers for assistance at 2522-8264.

13.) What are some good tips on how to get along with my employer?

• Don't make unnecessary or lengthy personal phone calls from your employer's home. If you have to make a long-distance call, ask your employer if it is okay and agree to pay for it.
• Don't accept collect calls from friends or family back home. These calls are much more expensive than normal rates and can end up being a very large phone bill for you.
• Don't invite relatives or friends into your employer's home, especially when he or she is away.
• If you work for a Chinese family, don't wear white or black clothes during the birthday of any member of your employer's family. It is considered bad luck! Many Chinese believe that white or black in certain situations means death, just as leaving chopsticks upright in a bowl of rice is a bad omen.
• Many Chinese also consider that red is a happy color, so make sure that you don't wear red to a funeral or on any other sad occasion.
• Try to avoid speaking in your native language in front of your employer's family. They might think you are saying something bad about them.
• Take care of personal matters in your free time (rest days or statutory holidays).
• Don't use facilities in the house (telephone, TV, etc.) without asking your employer first.
• Before starting work, tell your employer what you are able to do and what you cannot do. If your employer wants you to do something that you don't know how to do, ask them to teach or show you. Also, try to get a clear idea of what your employer expects of you so there will be minimal miscommunication from the start.
• If you work for a Chinese family, learn how to cook some basic Chinese recipes, especially Chinese soup. Chinese families really like good food, so knowing how to cook a few tasty dishes will help you win their approval.
• KEEP A JOURNAL OF YOUR DAILY ACTIVITIES, INCLUDING WHEN YOU TOOK YOUR REST DAYS AND STATUTORY HOLIDAYS.

14.) How do I renew my employment visa in HK?

If your contract has been completed (24 months of employment with the same employer), you can apply for a renewal of your contract with the same or a new employer. Under normal circumstances, you should return to your place of origin after completion of each contract and apply for a visa to return to Hong Kong to start the new contract. You have to complete the Visa/Entry Permit Application Form [ID(E)936A]. The visa fee is HK$135.

If circumstances do not permit you to return to your place of origin for a vacation immediately upon the expiration of the old contract, subject to the mutual agreement with your employer, you may apply for an extension of stay. You have to complete the Application for an Extension of Stay form (ID91). On application, an extension of stay of normally not exceeding one year may be granted by the Director of Immigration upon payment of the extension fee. You should make arrangements to return to your place of origin within the one-year extension period and use the visa to enter Hong Kong to complete the contract.

If you are a domestic helper from abroad, you and/or your employer must file necessary forms and supporting documents at the Immigration Department. Apply at the following address:

Foreign Domestic Helpers Section Immigration Department
6/F, Immigration Tower
7 Gloucester Rd.
Wan Chai,

ALWAYS be aware of the date stamped on your passport. The Immigration Department advises you to apply for renewal of your employment visa within 4 weeks of the expiration date of your visa. The fee is HK$135.

15.) Can I change to another type of job?

Change of employment requires the approval of the Director of Immigration. If you are a foreign domestic helper, the law does NOT permit you to change your job to another (non-FDH) category. If you want to make this change, you have to return to your home country and file a new application for a new (non-FDH) employment visa.

16.) Can I change employers?

Yes, but only under certain conditions. Foreign domestic helpers are admitted only for a specific job with a named employer, and for a limited period. Application to change employers in Hong Kong within the two-year contract, as a rule, will not be approved. If a foreign domestic helper wishes to take up employment with an employer in Hong Kong, he/she must return to his/her place of origin and apply for the appropriate visa directly to the Director of Immigration either by mail or through her employer.

17.) Is it okay for my employer to ask or make me work at another house?

No. Under the Employment Ordinance, working in another home other than the one that is written on the employment contract, is considered ILLEGAL WORK, and you will be prosecuted. If your employer makes you work in another home, refuse the request and immediately write a letter to your Consulate, the Immigration Department, and the Labour Department, giving them advance notice of the work. If the demands persist, call the Mission for assistance: 2522-8264.

18.) Who can terminate the contract?

You or your employer may terminate your contract of employment before it expires. However, proper termination procedures should be followed.

• If you are a foreign domestic helper and wish to terminate your employment contract before it expires, you must give one month's notice in writing to your employer. If you do not give the one month's notice, you will be required to pay one month's wages in lieu of notice.
• If your employer wishes to dismiss you, he/she must also give one's month's written notice or pay one month's wages instead of notice.
• Your employer, however, can dismiss you immediately without payment in lieu of notice if you:
  1. Conduct yourself in a way that is inconsistent with the discharge of your duties.
  2. Disobey an order which is lawful and reasonable.
  3. Are habitually negligent in performing your duties in your contract.
  4. Are dishonest or guilty of fraud.

19.) If I choose to run away from my employer, where can I go?

You actually have many options: If you have a family member or friend living or working in Hong Kong, contact them and see if you could stay with them for a few days. As soon as possible, however, you should come to the Mission for Filipino Migrant Workers and discuss your case and possibly seek legal assistance. The address for the Mission is: St. John's Cathedral, 4 Garden Rd., Central, HK. If you have no place to go, either come by or call the Mission, 2522-8264, and they will direct you to a shelter where you can stay until your case is settled. The number one thing to remember is DO NOT PANIC. There are people ready to help you!

20.) What should I do if my employer terminates my contract?

If your contract is terminated prematurely, you are permitted to stay in Hong Kong for two weeks or until the limit of your stay (which is the date stamped on your passport), whichever is earlier. This is commonly known as the "two-week rule". Remember that you have to leave Hong Kong or report to the Immigration Department before the end of this period; otherwise, you will be regarded as an over-stayer and can be sentenced to jail time. It is the responsibility of both the employer and the domestic helper to notify the Director of Immigration in writing within seven days of the premature termination of the employment contract. Technically and in general, foreign domestic helpers are required to return to their place of origin after completing their contract or when their contract is prematurely terminated, UNLESS THE DOMESTIC HELPER CHOOSES TO PURSUE A LEGAL CASE AGAINST THE EMPLOYER, for either monetary claims or a police case.

21.) If my employer is abusing me, whether it is physical or sexual, what should I do?

First of all, in Hong Kong, abuse of domestic workers is NOT tolerated! If you have been abused in any way, you can terminate the contract early without notice or payment in lieu of notice. You should also report the case to the Police by calling 999 in an emergency, the Police Hotline at 2525-7177, or the number of any Police Station nearer to you.

22.) What compensation am I entitled to if my employment contract is terminated?

This is different for every person. When you have completed your contract or your contract is terminated, you should get all wages and other sums owed to you within seven days from the completion or termination date. The amount should include:

• any outstanding wages
• wages in lieu of notice (if any)
• payment in lieu of any annual leave and holidays not taken
• long service payment (if this applies to your case)
• any other sums owed to you in accordance with the provisions of the labour laws and your employment contract

If you are eligible for severance payment, you should give a letter to your employer. He/she is required to make the payment no later than two months from the date of receipt of your severance payment notice.

If you are a foreign domestic helper, remember that you are entitled to free passage (including the air ticket and airport tax) on termination of the contract and a daily food and traveling allowance from your employer for your journey back home.

23.) What is considered unlawful termination?

The Employment Ordinance and the Employee's Compensation Ordinance clearly state particular restrictions on termination of the employment contract.

It IS unlawful for an employer to dismiss a helper in the following circumstances:

• after a pregnant employee has given a pregnancy notice
• while the employee is on paid sick leave
• due to the employee giving evidence or information to the authorities in connection with the enforcement of labour legislation, industrial accidents, or breach of work safety regulations
• due to union membership or participation in trade union activities
• for an employee injured at work, before the issuance of the relevant certificate by the Labour Department or the Employee's Compensation Assessment Board, as appropriate, or the compensation claim has been settled with the employee.

24.) What are the official days of holidays?

25.) Which organisations can I turn to for help?