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VII. Other employment engaged by foreign domestic helpers

Clause 4 of the standard Employment Contract expressly states that a foreign domestic helper “shall not take up, and shall not be required by the Employer to take up, any other employment with any other person” . This also forms part of the conditions of stay to be imposed on the foreign domestic helper by the Immigration Department upon the foreign domestic helper’s admission to work in Hong Kong. Any breach of this condition of stay would render the foreign domestic helper liable to criminal prosecution and removal from Hong Kong. The employer, who aids and abets the foreign domestic helper to breach a condition of stay, is also liable to prosecution and upon conviction, the maximum penalty will be a fine up to HK$50,000 and imprisonment for two years.

Under the Government’s policy, a foreign domestic helper is admitted into Hong Kong for employment with a specific employer to perform domestic duties at such employer’s residence.

In other words, an employer cannot ask his/her foreign domestic helper to go to his/her parents’ place to help, even though they may be living next door. Similarly one cannot ask your neighbour’s foreign domestic helper to come to work part-time at your place, even though you are willing to pay and the helper is happy to earn some extra money.

In contrast, there is no such restriction on the employment of local part-time domestic helpers. Therefore, an employer may consider employing a local domestic helper to work part-time for him/her.

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