The current MAW for FDHs is $3,920 per month, and has been effective since 20 September 2012. This MAW is applicable to all standard employment contracts signed on or after 20 September 2012.

Contracts signed on or before 19 September 2012 according to the then prevailing MAW of $3,740 per month will still be processed by the Immigration Department (ImmD) on such wage terms, provided that the applications reach ImmD on or before 17 October 2012. This serves to allow sufficient time for employers to send the contracts signed on or before 19 September 2012 to ImmD for processing.

According to the standard employment contract, an employer and his/her helper alike may terminate the contract prior to its expiry by giving not less than one month's notice in writing or by paying one month's wages in lieu of notice to the other party.

An employer who fails to pay the statutory benefits and other payments due to the helper in accordance with the Employment Ordinance (EO) and the standard employment contract commits an offence.

FDHs enjoy the same protection under EO as do local employees. They are further entitled to the rights and benefits specified in their standard employment contract.

An employer who intends to terminate the employment contract of a helper is required to give the helper one month's prior notice in writing or one month's wages in lieu of notice as well as other termination payments, which include -

A helper is entitled to paid annual leave after serving every period of 12 months with the same employer. The helper's entitlement to paid annual leave will increase progressively from seven days to 14 days according to his/her length of service.

When the employment contract is terminated, the employer should give the helper payment in lieu of any annual leave not yet taken in respect of every 12 months' completed service. A helper with three but less than 12 months' service in a leave year (i.e. a period of every 12 months after the commencement of employment) is entitled to pro-rata annual leave pay.

An employer should pay severance payment to his helper if the helper has been employed continuously for not less than 24 months and is dismissed (or his/her contract is not renewed) by reason of redundancy.

An employer should pay long service payment to his helper if the helper has been employed continuously for not less than 5 years and is dismissed (or his/her contract is not renewed) by reason other than serious misconduct of the helper or redundancy.

However, an employer is not required to pay both long service payment and severance payment to the helper.

Severance payment and long service payment are calculated as follows :

(monthly wages x 2/3) x reckonable years of services*

* service of an incomplete year should be calculated on a pro rata basis.

If conciliation is not successful, the Labour Department will, at the request of the party concerned and depending on the claimed amount, refer the case to the Minor Employment Claims Adjudication Board or the Labour Tribunal for adjudication. Information on the EO can be obtained through the Labour Department website (http://www.labour.gov.hk) and Telephone Enquiry Service (2717 1771).