Want a not-living-in helper

Hi all,


We'll like to hire a full time DH but prefer not having her living in our place. Do you guys have any idea how this could work? Any extra cost if the helper doesn't live in employer's place? Any cons and complications?


Thanks a lot.

One con is that is against the law to employ a foreign domestic helper to live out. This has been discussed before and, apparently, some people prefer to break the law than have an FDH living in.


You can employ a local domestic helper (HKID card and permitted to work) although this will cost a lot more, expect to paid HK$50+ an hour.

It is illegal to download music and go to shenzhen and buy dvds and cross the road other than at traffic lights or pedestrian crossings. It is even illegal to make more than one photocopy sometimes or spit on the street … and yet people do it! People break laws all the time and you have to consider it relative to other more substantive laws.


While Claire is completely right to point out that it is illegal and it has been discussed at length in this forum. At the same time please also know that it is quite common for people to have live outs and they arrange it privately and keep it rather quiet. The HK immigration dept does not seem to be policing this issue but there is mention on this forum that people do inform the govt about this.


I understand why the law is in place, to protect the FDHs but at the same time I understand why it is regularly broken.


We did have a live out when we first got a helper and this was because I rationalized it that I would rather accept the ramifications of breaking the law than allowing a woman (that I wanted to be happy and help me run my household) to live in a virtual cupboard (no room for full size bed, no windows). So my point is, what social harm does it cost to put someone in better accommodation? The law is not in force to stop that!


The live outs tend to stay in boarding houses or other accommodation near their employers. There are boarding houses in kennedy town, sheung wan, mid levels and causeway bay that I know about. We paid 1000 per month for her rent, and bought her all the furniture believe she needed including a portable a/c, bed, drawers and all her bathroom needs. You will also need topay for her travel to and from, which is fair.

Thanks a lot dotty i really don't mind the cost but I wasn't aware that it's against the law. Guess I'll have to go with part time helper. Also, one dumb question, is it also illegal for full-time DH to take a part-time job?


Thanks again.

It is illegal for a FDH to undertake part time work. A individual with residency here can do this however.


Here is a link to a great guide published by the labour dept HK which sets out your legal responsibilities as an employer of an FDH.


http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf

Hi doglover,


You can directly hire DH from Philippines and to make her live-out. To have a live-out DH is not illegal UNLESS you have the permission from the Director of Immigration, if suitable live-in accomodation is not available.


http://www.immd.gov.hk/ehtml/hkvisas_5.5.htm#Footnote

I just met a DH at my son's playgroup... she is a live out. Her French employer wrote to the Director of Immigration and got it approved. But she (the DH in question) warned the other mums at playgroup against getting a live-out DH as there is a 90 per cent chance (according to her) that they "get up to no good" on weekend nights. Of course, even we "get up to no good"... and it's none of our employer's business. But if your duty includes taking care of a child/baby/toddler, you may wish to consider other arrangements or else, ensure that a medical test is conducted regularly. Now, before some readers criticize me... these words of wisdom were relayed by the DH herself.

wittyhan - whether suitable live-in accomodation is available is not relevant. Your own link clearly states:


"3f The Helper shall work AND reside in the employer's residence as specified in Clause 3 of the standard Employment Contract (ID407)."


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


Spockey - but did that DH know whether it was a roll-over from an existing approval (ie. the exception above)...


Doglover - it's illegal unless you meet the exception criteria. Do people do it, yes. Are you likely to get caught, prob not.


Live out DH's have been discussed on numerous threads on this site, the last of which was: http://hongkong.asiaxpat.com/forums/domestichelpers/threads/101765.asp


However, the best advice if you’re not sure is to call ID to check, rather than relying on advice here.


For your second question, dotty1 is correct - a full time DH can’t legally take on part-time work unless she has residency (i.e. is not a foreign DH) in which case it will be about $50 an hour as noted above.