Hiring a foreign domestic helper (FDH) for your Hong Kong home — especially through direct-hire or agency-assisted recruitment from abroad — means you (as employer) must comply with a set of legal requirements. Non-compliance can lead to visa rejection, legal liability, or termination risks. Below is a clear guide to compliance — what you must do, and what to avoid — based on the latest official rules from Hong Kong (and, where relevant, the sending country).

---

✅ What “Compliance” Means — And Who Needs It

• The hiring and employment of FDHs in Hong Kong is regulated. Employers must meet eligibility criteria before bringing in a helper. Foreign Domestic Helpers+2Immigration Department+2
• The main legal foundation is the official Standard Employment Contract (ID 407) (SEC), which must be used when hiring a helper from abroad. Immigration Department+1
• As an employer, you and your helper must abide by the terms set out in the SEC and other statutory protections under Hong Kong law — including labour protection laws. Foreign Domestic Helpers+2Gov.hk+2

Compliance means not just paperwork, but also honouring rights, obligations, wages, accommodation and duties as stipulated by law.

---

📄 Key Legal Requirements for Employers & FDHs

• Eligibility of Employer / Household

• To be eligible to employ an FDH, your household must meet certain financial requirements (household income/assets) as per official guidelines. Immigration Department+2Gov.hk+2
• You must submit all required documentation when applying for the helper’s visa and employment permit. Immigration Department+2Immigration Department+2

• Use of the Standard Contract (ID 407)

• Only SEC (ID 407) is legally acceptable. Alternative or informal contracts for overseas-recruited domestic helpers are not valid. Immigration Department+2Family CLIC+2
• The contract must specify details such as home address of helper, commencement date, residence address in Hong Kong, wages, duties, etc. Immigration Department+1
• The live-in requirement is mandatory: the helper must live in the employer’s residence as specified in the contract. Foreign Domestic Helpers+1

• Wages and Working Conditions

• The employer must pay at least the legally required minimum wage (or Minimum Allowable Wage, MAW) for FDHs, as specified by the authorities. Foreign Domestic Helpers+1
• Payment must be in appropriate form (cash, by cheque or bank deposit, with helper’s consent) — abiding by the SEC terms. Immigration Department+1
• If the helper is injured at work, the employer is generally liable under the labour law for compensation. Foreign Domestic Helpers+1
• Upon termination of contract, appropriate termination notice or payment in lieu (as per contract) must be given, unless termination is for legally acceptable reasons (e.g. serious ill-treatment, health, etc.). Foreign Domestic Helpers+1

• Visa & Immigration Procedures

• When hiring from abroad, the employer and helper must submit correct documents to the Immigration Department of the HKSAR (ID): visa application forms (ID 988A, 988B), the new SEC (ID 407), helper’s passport/travel document, employer’s identity & address proof, and proof of financial eligibility. Immigration Department+2Immigration Department+2
• The helper may only enter and work in Hong Kong after the visa is approved and the visa label issued. Immigration Department+2Gov.hk+2

• Compliance with Work Scope & Legal Duties

• A helper must only carry out the household duties defined in the contract and law. Off-contract work or duties outside the permitted scope may breach immigration or labour laws. VisaHQ+2Foreign Domestic Helpers+2
• Helpers are entitled to rest days, statutory holidays, paid annual leave under the laws that apply to FDHs — as specified in the SEC. Foreign Domestic Helpers+2Foreign Domestic Helpers+2
• The employer must provide suitable live-in accommodation that meets the contract’s standard of “reasonable privacy,” and cannot force the helper to live in unsuitable spaces (e.g. corridor, insufficient privacy). Foreign Domestic Helpers+1

---

⚠️ Common Pitfalls & What to Watch Out For

• Using non-standard contracts: Any contract other than SEC (ID 407) for overseas-recruited helpers is invalid under law. That risks visa denial or illegal employment status.
• Underpaying or making “side-deals” on wages or living conditions: Paying below MAW or providing inadequate accommodation is illegal and can lead to prosecution. Foreign Domestic Helpers+1
• Allowing helper to do off-contract tasks / external work: Helpers must only perform domestic duties as defined — extra jobs breach their visa conditions. VisaHQ+1
• Improper visa or document handling: Submitting incomplete documents, using expired travel documents or failing to secure a valid visa before employment begins are serious compliance failures.
• Ignoring labour-law protections: FDHs enjoy rights under labour law; employer must not neglect statutory entitlements (leave, rest days, injury compensation, termination rights). Foreign Domestic Helpers+1

---

📌 For Philippine Helpers — What to Check (Sending Country Side)

When hiring a helper from the Philippines, in addition to complying with Hong Kong regulations, ensure the helper’s deployment complies with Philippine overseas-employment rules:

• Helpers (as overseas workers) typically require processing through the official Department of Migrant Workers (DMW). Wikipedia+2MWOHK PH+2
• A valid travel document (passport) with sufficient validity must be presented before departure. Department of Migrant Workers+1
• For helpers returning to Hong Kong (after holiday), or changing employer, appropriate exit–clearance or re-entry documentation may be required under Philippine procedures. (Note: rules may vary; always confirm with DMW/POLO.)

---

✅ Why Full Compliance Matters — For Employers And Helpers

Complying fully with legal and procedural requirements protects both parties:

• It ensures the helper’s entry and stay in Hong Kong are legal, avoiding visa rejection or deportation.
• It provides labour-law protections and clarity on rights and obligations — wages, leave, duties, injury compensation, termination — which reduces disputes and risk.
• It ensures that the employer meets their legal obligations, avoiding fines or prosecution for breaches (e.g. underpayment, illegal working conditions, illegal duties).
• It gives both employer and helper peace of mind, knowing their agreement is legally sound, transparent, and enforceable.

---

📝 What Employers Should Do — Compliance Checklist (Before You Hire)

---

🔎 Final Thoughts — Compliance is Not Optional

Hiring a domestic helper can significantly benefit your household, but it comes with serious legal responsibilities. Compliance is not optional — it safeguards the rights of the helper, ensures legality of visa and employment, and protects you as employer from potential liabilities.

If you are new to direct-hire or overseas recruitment, or simply want to ensure everything is handled properly, it’s wise to seek professional advice or assistance. A licensed agency — familiar with the official requirements — can help navigate the process, but ultimately the responsibility for compliance remains with the employer and the parties involved.

Let Chris Benne Assist You

If you’d like professional support to streamline the process, ensure compliance, and avoid delays, we’re here to help. Contact us today for hassle-free visa and contract processing for your Filipino helper.