Driver wants overtime payment

We hired a " domestic helper with driving duties" about three months ago, after our son had a serious accident. He will be hospitalised for a long time and we decided to hire a driver thinking it would be less expensive than taking taxis to and from the hospital several times a day. After negotiation, we agreed to pay him the basic salary of 3880 + food allowance + housing allowance + travel allowance. The total package is 6200 HK$ per month. At the time, we explained that we could not afford to pay more and he said that for him it was more important to work for nice people than to earn a high salary. We provide snacks and the occasional meal but mostly he eats the food that his wife cooks for him (she lives in our building). We have also discovered that he is no longer paying for his room but has found free accommodation elsewhere. He begins the day with the school run at 7:30 and drives most of the morning with some waiting time in between. He is generally free between two and five, then it's back to the hospital where he waits for us until 7:30 or 8:30 and drives us back home. We sometimes ask him to drive our son's private nurse home as well, so he usually finishes by 9:30. On Fridays and Saturdays we stay late at the hospital (11:00 pm) or sometimes have dinner in town. The driver of course has Sundays off and has no other duties except driving. Yesterday he announced that all of the other drivers get 50 HK$ overtime pay for working after 8:00 pm. This came as a shock to me, as I thought that there was no maximum working time for "domestic helpers with driving duties". This was the reason we hired a FDH rather than a local driver. Although I dislike the way the driver presented his request to me, I do not want to treat him unfairly or pay him exploitative wages. I have also found out that he is under some financial pressure from family members back in the Philippines. If his package of 6200 is on the mean side, I would rather give him a small pay rise, but I don't like being held hostage. Is it true that FDHs with driving duties are paid overtime? Any advice much appreciated.

FDHs are not paid overtime, but do you really think it is fair to stretch his working hours on weekends to 16 hours with no additional pay? The fact that he doesn't spend his housing allowance because he has found free accommodation is irrelevant.

housing and food allowance and how he handles it seems irrelevant to me.


and i don't want to comment too much on the payrise or not, but it seems he is bullying you into something. i would put my foot down.


however, i do think (imho) that you fall foul of the law on at least two occasions:

- a FDH with driving duties is still a FDH and can only drive as a side job. if he is doing this fulltime, it's illegal

- secondly, FDH who drive can only do so for duties related to their core FDH duties, like shopping or driving the kid to school (and hospital, i would think). driving for your dinner in town seems illegal to me too

- lastly, i think it's illegal for him to live out, so a housing allowance should technically not be possible either


happy to stand corrected and above is of course assuming he is a pinoy/etc. that does not hold PR in HK

Agreed with all cookie09 says.


We DO pay our helpers overtime on occasion, as well as yearly bonuses. It is not mandatory but we feel that hours and effort "above and beyond" should be rewarded. This has been entirely on our own initiative. Our helpers have never asked for it.


In this case he is clearly trying to bully and you should not accept it. He should have made clear his demand for overtime pay after 8p before signing the contract. If you give in you are sending the message that you can be bullied.


If things go south, it might be better to get a new driver and get any "overtime" arrangements figured out in advance.

Thanks for your views, everyone. I only mentioned the housing and food allowance to make clear what his total package is. Looking back,I think that our driver was fairly desperate to get a contract when he signed with us and so may have accepted terms that he didn't really find acceptable, thinking that he would try to work out a better deal later on. Unfortunately, we thought that what was agreed to really was agreed to. If we really are asking for too much work for too little pay, we would consider paying him a bit more and/or reducing his hours. The way he has approached us about the problem, however, does leave us feeling bullied. Can anyone confirm or discount the driver's claims that overtime payment for drivers is an established practice?

I have never heard of overtime payment beyond a certain hour. I guess it could exist but I seriously doubt it.


"I would recommend reminding your driver that you have far more important issues on your mind, and that he can f**k off yesterday unless he bucks up and shows consideration."


I agree in essence. However I wouldn't quite use those words. ;) Just because he is being a bully doesn't mean you need to stoop down to that level yourself.

Thanks Telemundo and axpatguy. I must admit it would probably feel good to say what Telemundo recommends. But I'll probably go for a more face-saving, win-win sort of approach. And I may be looking for another driver soon if he doesn't respond in the same way.

I think you're paying more than a fair wage. If all he does is drive then its not hard work, with lots of sleeping time while waiting around, (harsh but true, see it all the time around our way). If you can give him a proper break in the afternoon, I see no problem with him working till 8 or 9. Maybe stop the driving you out for dinner with the late nights though and get a taxi then.

Parking is generally the issue as you say. One option which many have started taking up is the two wheel one. There is available free parking in "downtown" for scooters and motorbikes. Not that this works with kids.



"surely everyone can drive?"


A ride in a few random HK taxis will cure anyone of this opinion. ;)

Cara - driving isn't all that difficult and Telemundo - despite this, there are some people who just can't figure it out!


But Cara, on your point, sometimes I wonder whether it's cheaper paying for a driver every month, rather than owning a car, paying for registration and maintenance, parking fees, etc etc...

My friend has a driver and pays out of pocket, not by company. He says there isn't really a rule, but whatever you agree on beforehand. The driver, however, is not classified as a FDH and CANNOT do domestic helper chores. His agreement is 8 hours a day, anything extra is $20 an hour. I think his monthly pay is in the 6k range also.


Seems like your driver is reneging on a deal. Call his bluff and say you just can't afford anything extra. If he insists then say you have no choice but to give him 30 day notice and find another driver.

Thanks Slimboy, it's good to get a wide range of views and personal experience. Is your friend's driver a Hong Kong permanent resident?

Good question. I don't know for sure but suspect he is. He was hired locally, not through an agent. The driver is Filipino and lives outside at his own residence. If I find out differently I will let you know. Hope this helps.