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Frequently Asked Questions and Employer Concerns
1. Can I enter into another employment contract with the employee?
No, the standard employment contract for employing foreign domestic helpers is the only formal employment contract for all foreign domestic helpers in Hong Kong. Any other employment contracts concluded between employers and employees privately cannot be enforced in Hong Kong.
2. If the domestic helper walks away, which organization can the employer pursue and compensate?
Generally speaking, the wages earned by foreign domestic helpers in Hong Kong are four to five times that of their original place of residence. Therefore, there is no need for the domestic helper to "walk away", and the employer does not need to worry too much. Unless the domestic helper owes a huge sum of money to the finance company or has other ulterior reasons, he will not easily leave. If the domestic helper walks away and the employer finds that there is a loss of money, he can report the case to the police. In addition, the employer should inform the Immigration Department and the consulate that the foreign domestic helper may be blacklisted and will no longer be able to work in Hong Kong. As for the loss to the employer caused by the departure of the foreign helper, it is more difficult to recover.
3. Can the employer ask the foreign domestic helper to give him a massage?
According to Article 4(a) of the Immigration Department's "Employment Contract Manual for Promoting the Employment of Domestic Workers Outside Hong Kong", the duties of domestic helpers are listed, including home cooking, cleaning and child care. Therefore, if the employer requires the foreign helper to Massage, if the domestic helper is willing, there is no problem in theory. However, it is still suggested that employers should not do this, because massage is not within the scope of housework, and foreign domestic helpers absolutely have the right to refuse the employer's request.
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