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  • 1 Post By charade
  • 1 Post By rani

Live out helper?

  1. #1
    nltempany is offline Registered User
    Join Date
    May 2012

    Live out helper?

    Hi does anyone know the law on hiring a live-out helper?

  2. #2
    Teesfamily is offline Registered User
    Join Date
    May 2012
    It's actually illegal but I know some of the helpers start requesting this when they work in Hkg. Kinda risk for employers if they got injured or casualties in their boarding house.

  3. #3
    elle is offline Registered User
    Join Date
    May 2010
    hk south side
    Unquestionably illegal. Some people do it anyway - a calculated risk. People also do get caught occasionally, with fines and worse resulting.

    "...the Helper shall work and reside in the contractual address only"*

    *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.

  4. #4
    charade is offline Registered User
    Join Date
    Jun 2010
    As I understand it, hiring a live-out foreign domestic helper is illegal. Hiring a Hong Kong passport holder or a permanent resident as a helper would not be illegal.
    carang likes this.

  5. #5
    carang's Avatar
    carang is offline Registered User
    Join Date
    Sep 2004
    Sai Kung
    charade is correct. you can hire a local or a dependent visa holder to live out and it is perfectly legal. if you choose someone on a FDH visa, then living out is illegal.

  6. #6
    rani's Avatar
    rani is offline Administrator
    Join Date
    Sep 2002
    Pokfulam, Hong Kong
    Immigration Department investigating on stay-out foreign domestic helper
    ************************************************** *******

    During a surprise inspection conducted this morning (July 7) at Pok Fu Lam Village, immigration officers detected a foreign domestic helper who resided at a place other than his employer’s residential address as stated in the employment contract, a spokesman for the Immigration Department said today.

    During the operation, immigration officers conducted a total of 25 proof of identity checks. One foreign domestic helper was suspected to have made false representation with his employer upon his domestic helper visa application and was held for inquiry. The department is also investigating on his employer as to whether he had provided false information during visa application. The department will consider prosecution against any person who intentionally made false representation or provided false information about the live-in arrangement of foreign domestic helper. Case will also be referred to the Labour Department and Lands Department to see whether the employer had violated the Employment Ordinance and whether approval had been granted for owners of the leased flats to change the use of land.

    Under prevailing policy, employers who wish to employ foreign domestic helpers shall enter into a Standard Employment Contract (ID 407). A foreign domestic helper should work and reside in the employer's residence in accordance with clause 3 of the contract. Any application for variation or addition to the terms of the contract during its duration shall be made in accordance with the provisions under clause 15 of the contract. On the other hand, employers who have obtained approval before April 1, 2003 for their foreign domestic helpers to stay out may continue to do so, as long as they continue to employ the foreign domestic helpers without a break of more than 6 months.

    If employers or helpers breach the undertaking that the helper would work and reside in the employer's residence, such conduct will be taken into consideration in their future foreign domestic helper visa or extension of stay applications. The applications may thus be refused.

    According to the spokesman, it is an offence to make false representation to Immigration Officers. Offenders are liable to prosecution and to a maximum fine of $150,000 and imprisonment for 14 years.

    Ends/Saturday, July 7, 2012
    carang likes this.
    Founder of GeoBaby.Com

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