Helper not living in...?



ORIGINAL POST
Posted by Caroline Pennings 13 yrs ago
Hello,


we're looking for a fulltime domestic helper, but have no experience with having a live-in helper.

We just moved down here from Shanghai where we did have a full time helper, but who lived independently and we would prefer to have the same here. But checking the official FDH contracts available online it seems it is mandatory to have them live in with you.

Is anybody familiar with FDH's who live on their own? Is this still common in Hong Kong?


We will be moving to our 'fixed' house in Sai Kung next week, so ideally be looking for a helper who lives in the proximity of SK...


Any advice welcome!


Thanks,

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COMMENTS
funbobby 13 yrs ago
http://hongkong.asiaxpat.com/forums/hong-kong-domestic-help/threads/126313/helper-living-out/

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axptguy38 13 yrs ago
An FDH must by law live in your residence. There are many FDH who live out (typically in boarding houses) but this is illegal.

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roger9999 13 yrs ago
Laws for FDH are often modified and changed and there are many FDH who were once contracted to live out leagally but changes in immigration laws makes it moredifficult now . As such , there are very many FDH who live out both legally and illegally but never a problem arises until the helper or employer does something to warrant an investigated . If you call the Immigration Department , FDH advice can give you all answers to your questions .

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axptguy38 13 yrs ago
The law allowing an FDH to live out with an excemption from Immigration was changed way back in 2003. Only employers who received an exemption before that date and still live in the same residence can have a live-out helper. I can't imagine there are that many contracts of that nature left.

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funbobby 13 yrs ago
actually, pre-2003 exemptions follow the holder no matter where they live, as long as they have continued to employ a helper (any helper) without a break of more than six months...but it's all moot in the OP's case...going illegal is the only option they have...good luck with that!

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axptguy38 13 yrs ago
Thx funbobby for clarifying.

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axptguy38 13 yrs ago
"Many helpers are living out actually because of the employer's house is small. There is no problem as long as your helper is working especially for you."


It is illegal so yet it is a problem.


"I never heard of such thing as live out helper was put in jail or put in trouble because of that. "


And yet helpers get deported and employers get fined...


"You and your helper will be in trouble if you only signed for her but actually, she is not working for you. "


Yes, she is working for you.



"Normally, the Immigration officers are checking the boarding house because somebody tipped off or complain because they are noisy. If the helpers living in the boarding house have valid visa and not overstaying, then no problem."


So you're recommending breaking the law then? Also, while typically there are not problems, there can be.

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axptguy38 13 yrs ago
Just because you never heard of fines, deportation or imprisonment doesn't mean it doesn't happen. It also doesn't mean living out is legal.


"And as long as the employer and employee are both honest about their contract, I think there is no problem."


Still illegal to live out, so there is very much a problem.

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