paid helper too much money?

just reliased we have been paying our helper too much money each month and now we want to terminate her contract (for a variety of reasons) is there anything we can do to get the money back or to use it as part of the months salary in lieu??

( yes i know we should have checked!!)

many thanks

Hmmm, you are faced with a tough call, how much money are you talking about?

Found this on the Government website


Q3.6 Can an employer deduct the helper’s wages to compensate for damage to

goods caused by him/her? What other items may an employer deduct

from the helper’s wages?

A �� An employer can make deduction for damage or loss to the employer’s

goods or property directly attributable to the helper’s negligence or

default. In any one case, the sum to be deducted shall be the cost of the

damaged item, subject to a limit of HK$300. The total of such

deductions shall not exceed one quarter of the wages payable to the

helper in that wage period.

�� The employer may also make deductions from the helper’s wages under

the following circumstances:

�� deductions for absence from work not exceeding a sum

proportionate to the period of absence;

�� deduction for recovery of any advance or over-payment of wages

made by the employer to the helper. The total sum to be deducted

shall not exceed one quarter of the wages payable to the employee

in that wage period;

�� deductions, at the helper’s written request, for recovery of any

loan made by the employer to the helper; and

�� deductions which are required or authorized under any enactment

to be made from the wages of the helper.

Except with the approval in writing of the Commissioner for Labour, the total

of all deductions, excluding those for absence from work, made in any one

wage period must not exceed one half of the wages payable for that period.



Go to http://www.immd.gov.hk/ehtml/faq_fdh.htm#6 and look at Q25 and then click on the link under A25, the answer your looking for is in q3.6

When you say too much money what do you mean? do you mean more than the salary agreed and written in the contract? It may also depend on how you paid her as she may well be able to argue that she thought it was a bonus.

I think you need to be able to show it was a genuine mistake ie a banking error or something.

thanks for the advice i had written off the money but as i know she has been taking money from me I am annoyed that she is getting this money over and above everything else! The first few months she stayed in a boarding house while we sorted out her room and then my husband deducted too little from the standing order to cover the boarding house once she moved in here. Basically it has been $500 extra a month for around 6 months! She should be paid 4300 and is getting 4800. I am so annoyed but i guess not much we can do now or do you think teh below may cover it?

:- The employer may also make deductions from the helper’s wages under

the following circumstances:

�� deduction for recovery of any advance or over-payment of wages

made by the employer to the helper. The total sum to be deducted

shall not exceed one quarter of the wages payable to the employee

in that wage period;

Did you have permission from the government to have her live out?? If not she can turn you in and you most probally will be fined. If you are terminating her, that is punishment enough, leave it alone and move on...




A42: No. An FDH should work and reside in the employer's residence in accordance with Clause 3 of the Standard Employment Contract (ID407). The employer is required to provide the FDH with free accommodation as per the standard specified in the "Schedule of Accommodation and Domestic Duties" of the employment contract.


(Employers who have obtained the Director of Immigration's approval before 1 April 2003 to let their FDHs live out can continue to do so, so long as they continue to employ FDHs without a break of more than 6 months.)

i know i have written it off i guess i was just annoyed at our selves for doing it but our mistake and thats it. i have to say she did v well out of us quite a bit of cash went missing too!! i guess you live and learn