COVID-19 & Domestic Worker Rights: A Historic Guide to Ethical Hiring

HelperChoice and Enrich HK organised Facebook live to answer the rights of employees about the covid-19 pandemic.

Table of Contents

Here are some common questions asked during Facebook live. You are also welcome to watch the Facebook live

Quarantine Welfare

Q: What does the employer need to pay for the domestic helper during quarantine?

A: Legally, employers have to sign for the undertaking , which needs to pay for the coronavirus tests, accommodation, and food allowance during the quarantine.

Of course, employers are encouraged to provide more support for employees.

Q: Do employers need to pay salary for helpers during quarantine?

A: There is still a blurred line under the Standard Employment Contract (SEC). We advise employers and domestic helpers to discuss and make a mutual agreement on paid or unpaid leave.

If the employee contact coronavirus

Q: What should employers do if their employee contacts coronavirus?

A: Employees should pay for sick leave for employees to receive medical treatment. The employer should pay ⅘ of the actual salary to the employee. Plus, the employer cannot determine the contract of the employee due to infection.

Q: For an employee with a positive testing result, will he/she get a salary?

A: For employees with insufficient accumulated sick leave, no written statement stated that employers have to pay for the sick leave. We strongly suggest employers pay for the sickness allowance, reducing the burden of employees during the covid-19 pandemic.

Visa extension

Q: For domestic helpers who could not go back to their home country, what can they do?

A: Employers have a responsibility to pay for the air ticket to send their employees to his/her country. Due to the covid-19 pandemic, employees can defer their time of leaving Hong Kong by one year by applying to the Immigration Department.

Q: If domestic helpers got determined, can they still apply for the visa extension?

A: In order to prevent abuse of flexible arrangements (job-hopping), the government announced that foreign domestic helpers who terminate their employment contracts early are not allowed to apply for an extension of their stay in Hong Kong as visitors.

The special situation can apply as finished contracts, which included

Relocation of employers
Financial difficulties
The person that needs to care for died

For people with terminated or broken contracts cannot extend visas:

It is case by case. If there is proof proven the employee can’t return to their countries due to the covid-19 pandemic or other special reasons, they usually can receive the extension.

Q: What documents needed for visa extension?

A: For a finished contract, employees can extend their visas for one year.

ID91: Application form for extension of stay (available online)
Copy of passport, visa, Hong Kong ID card
Previous employment contract
Release letter

For those determined or broken contract, the letter that state the reason for termination is important for relocation

For the new employer

Financial proof of employer
Undertaking of Employer
Passport of employee

Contract

Q: If employers want to break the contract and move to another family, is that hard?

A: It is difficult to do so under the covid-19 pandemic. We suggest employees finish the current contract first.

Rights related to covid-19 pandemic

Q: Can employers make employees stay at home during weekly holidays?

A: No, as long as the employees agree to stay home voluntarily. Besides, even if an employee stays at home, employers must provide 24 hours full-day rest day for employees. For remarks, employers cannot pay for an employee to work during his/her rest day.