Clarification on Domestic Helper Only Allowed to work at Employer's Registered Address

In view of the recent news of a Domestic Helper being forced to work in China by her employer, would it be possible to have some clarification on the matter that Domestic Helpers are only allowed to perform their duties at the address as stated on the Employment Agreement.

What about the following:

a) Sending kids to school
b) Going to the market
c) Taking the kids for outing such as Ocean Park or gatherings
d) Others

Much appreciated.

I think you are confused. The recent news is about the employer requiring the helper to work for another family in stead of the vacation she thought they were taking. As long as the helper is doing "a-d" as your employee and the people listed on the contract your are safe. If you ask her to clean your mother in laws home for example then you are breaking the term of the contract. Even though she works for you and you are related to the person it is still considered a breach of contract. However, many girls are still asked to clean two houses. Some will agree if the employer pays extra, but many will end up quitting because it is too demanding and they get worn out.

This recent case is alarming especially because the border officer ignored her note asking for assistance and based his decision on strictly looking at her outward appearance. If someone asks for help it doesn't matter if they are wearing a Ronald McDonald costume, it is the duty of the officer to at least investigate!!!

FDHs were allowed to enter Hong Kong since the 1970’s to take up full-time domestic duties due to the shortage of local full-time live-in domestic helpers and in order to relieve housewives from household chores for taking up employment. This is in line with the
well-established principle that non-local persons are admitted for employment only if the jobs concerned are not readily taken up by the local work force.


Under existing immigration policy, FDHs are admitted into Hong Kong to work for a specific employer at a specified residence under a standard two-year contract. FDHs are normally permitted to stay for a period of two years commencing on the date on which the helper arrives in Hong Kong. The terms and conditions of employment are contained
in the standard Employment Contract .

The Contract was last reviewed and revised in April 2003 to incorporate a mandatory live-in requirement so as to better reflect the policy intention to admit live-in FDHs to make up for the shortage of local workers who are willing to provide such services.


Under prevailing policy, an FDH should only perform domestic duties at his/her employer’s residence and to serve the number of members of the employer’s household as stated in the Contract. It is specified in Clause 4(a) of the Contract that an FDH should only perform
domestic duties for the employer as listed in the “Schedule of Accommodation and Domestic Duties” attached to the Contract. The five broad categories of domestic duties are household chores, cooking,looking after aged persons in the household, baby-sitting and childminding.


Since domestic duties are sundry in types, it is unrealistic to list all domestic duties in detail and exhaustively in the Contract, although the broad categories of domestic duties are listed in the Schedule of Accommodation and Domestic Duties attached to the Contract. Duties
like bringing children of the employer’s household to school, to the playground, to attend medical treatment, birthday party or music lessons; bringing food or personal belongings to the employer’s working place for his/her use; going to supermarket to buy food for the employer’s household; cleaning a car used by the employer or his household
members for domestic purposes (but not, for example, in the context of a car wash or car repair business owned by the employer) etc. are all activities arising from and within the scope of domestic duties as construed by common sense.


Clause 4(b) of the Contract provides that the FDH shall not take up, and shall not be required by the employer to take up, any other employment, including part-time domestic duties, with any other person. Clause 4(c) makes it clear that Clauses 4(a) and (b) will form part of the conditions of stay to be imposed on the FDH by the Immigration Department upon the FDH’s admission to work in Hong Kong under the Contract. It is also clearly
stipulated that a breach of the conditions of stay will render the helper and/or any aider and abettor liable to criminal prosecution.

To your questions, in a nutshell,

a) Sending kids to school
b) Going to the market
c) Taking the kids for outing such as Ocean Park or gatherings
d) Others


are allowed to perform for such purpose for the same listed family.

Those are the answers from legislators years ago.

much appreciated with a breath of relief