Have you ever wondered about the legal consequences when you agreed to let your domestic helper stay out? If so, you have come to the right blog! Keep reading to learn about this.
In 2003, the Hong Kong government passed a law banning foreign domestic helpers from living outside their employers’ homes. The government stated that this was to ensure that domestic helpers have proper accommodation while working.
The Standard Employment Contract, which was implemented on April 1, 2003, states that a live-out employment arrangement is not allowed within the employer and domestic helpers’ contract. A live-out arrangement is against the law.
The law states that false representation at the immigration department can lead to a maximum fine of HK$150,000 and imprisonment for fourteen years.
If the domestic helper is caught staying out, what would the consequences be for the employer?
Secret living arrangements have gained popularity between helpers and their employers and are now a significant concern for the government. Because of that, authorities sometimes conduct surprise inspections to uncover live-out arrangements. Suppose it is discovered that both employer and domestic helper have made false representations to the Immigration department. In that case, both parties will be asked to go to court and face criminal charges due to the breach of the conditions of stay. It may surprise you to learn that courts see about two to three of these cases per week.
Depending on the severity of the case, a first-time offender will only get a suspension. However, in some cases, there can be imprisonment, exclusion from Hong Kong, which can affect the employers’ future applications to hire a domestic helper.