When hiring a foreign domestic worker, labor-management disputes do not necessarily involve the employment agency; more often than not, they stem from direct conflicts between the employer and the worker. Understanding these common issues and knowing how to handle them properly is key to protecting the rights of both parties and maintaining a harmonious employer-employee relationship.
I. Common Types of Disputes Between Employers and Foreign Domestic Workers
1. Wage and Leave Disputes
These types of disputes are the most common and involve whether employers have fulfilled their legal obligations to pay wages and grant leave.
- Underpayment or Delay in Wage Payments: According to the “Standard Employment Contract,” the “mandatory minimum wage” for foreign domestic workers is 5,100 yuan per month (effective September 30, 2025) . Employers must pay wages on time; underpayment or misreporting of wages is illegal and may result in prosecution and imprisonment. According to trade union data, approximately 60 percent of complaints from foreign domestic workers are related to exploitation regarding working hours, including wage deductions and excessively long working hours.
- Denial of Statutory Holidays: Foreign domestic workers are entitled to the same benefits as local employees, including at least one day off for every seven days worked, 15 statutory holidays per year, and paid annual leave (7 to 14 days) based on length of service. Employers may not substitute statutory holidays with monetary compensation.
- Failure to Provide Suitable Housing: According to the contract, employers must provide foreign domestic workers with suitable housing that offers reasonable privacy; for example, they must not arrange for foreign domestic workers to sleep in the hallway or share a room with a person of the opposite sex.
2. Integrity and Conduct Issues
Some disputes stem from the misconduct of foreign domestic workers, causing distress and even legal risks for their employers' families.
- Unauthorized Use of Employer Information to Apply for Loans: This has been a major concern in recent years. In the first half of this year, the Office of the Privacy Commissioner received 21 related inquiries and complaints, an increase compared to the same period last year. Foreign domestic workers have provided their employers’ names, phone numbers, and addresses to finance companies without consent, resulting in employers receiving debt collection calls or letters; in one case, an employer received four debt collection calls in a single day. Privacy Commissioner Chung Lai-ling revealed that she herself was a victim many years ago; the incident was only uncovered after she received an address verification letter that read, “Wishing you good luck.”
- Work Performance Does Not Meet Expectations: If, after an foreign domestic worker begins employment, there is a significant discrepancy between the worker’s abilities (such as language skills and housekeeping skills) and the employer’s expectations—provided that the agency’s description was not misleading—this constitutes a difference in understanding regarding “job requirements” between the two parties, and they must resolve the matter through mutual discussion.
3. Disputes Regarding Work-Related Injuries and the Protection of Rights and Interests
If a foreign domestic worker is injured on the job during the term of employment, the employer is liable under the Employees’ Compensation Ordinance, including the obligation to pay sick leave benefits and medical expenses. If an employer fails to maintain valid workers’ compensation insurance, it is in violation of the law and may be subject to a maximum fine of 100,000 and imprisonment for up to two years. If a foreign domestic worker is terminated while on sick leave due to a work-related injury, the termination may also constitute unfair dismissal.
II. How Should Disputes Be Handled?
Level 1: Internal Communication and Written Records
If the issue is minor (such as a disagreement over work arrangements or a language misunderstanding), it is recommended that you first calmly discuss the matter with the domestic worker face-to-face. At the same time, keep written records (such as WhatsApp conversations and written work instructions), and have the domestic worker sign to acknowledge receipt of pay and leave records. This helps clarify misunderstandings and can serve as evidence if needed in the future. Employers should maintain complete records of leave and wages to avoid future disputes.
Step 2: Seek assistance from the Labor Department (free mediation service)
If the parties are unable to resolve the matter on their own, they may contact the Labor Relations Division of the Labor Department to seek free consultation and mediation services. The Labor Department’s mediation services assist the parties in resolving disputes in a flexible, efficient, and time-saving manner. Many concerns regarding employment rights can also be resolved through existing mechanisms following mediation.
Contact Information:
- 24-Hour Inquiry Hotline: 2717 1771 (answered by 1823)
- Specialized Website on Foreign Domestic Workers: Access detailed information on their rights and benefits
- Labor-Management Relations Section Offices in Each District: You may visit in person to seek assistance (Office hours: Monday through Friday, 9:00 a.m. to 6:15 p.m.)
Level 3: Legal Arbitration and Criminal Reports
If mediation fails, the case may be referred to the Labor Court or the Small Claims Arbitration Office for arbitration. If illegal conduct is involved (such as unlawful wage deductions, physical abuse, or confiscation of passports), it should be reported immediately to the following agencies:
- Call 999: In cases involving bodily injury or unlawful confinement
- Immigration Department: Violation of Conditions of Stay
- Office of the Privacy Commissioner: Case Involving a Foreign Domestic Worker’s Improper Use of an Employer’s Personal Information
III. Recommendations for Addressing Specific Issues
Handling Unauthorized Borrowing by Foreign Domestic Workers
If an employer discovers that a foreign domestic worker has misused the employer’s information to take out a loan, the Privacy Commissioner recommends that the employer immediately terminate the worker’s employment and report the matter to the Immigration Department so that the worker’s adverse record can be taken into account in future visa applications. At the same time, employers may obtain a certificate of termination from the Immigration Department and submit it to the finance company to prove that the domestic worker is no longer employed there, thereby requesting that the company cease debt collection efforts.
Handling Work-Related Accidents
If a foreign domestic worker is injured on the job, the employer must report the incident to the Labor Department within 14 days of the work-related accident (within 7 days in the case of death). The employer is responsible for providing compensation, including sick leave pay and medical expenses.
Handling Pregnancy and Maternity Leave
Female foreign domestic workers who meet certain conditions, such as having been continuously employed for at least 40 weeks, are entitled to 14 weeks of paid maternity leave. The maternity leave pay is four-fifths of their average daily wage. Employers may not terminate the employment of a foreign domestic worker on the grounds of pregnancy. After paying the maternity leave pay, employers may apply to the government for reimbursement of the maternity leave pay for weeks 11 through 14.
Frequently Asked Questions (FAQ)
Question 1: My foreign domestic worker’s job performance is below standard, but does not constitute gross negligence. Can I terminate their employment immediately?
Yes, but the proper procedures must be followed. According to Article 10 of the “Standard Employment Contract,” an employer may terminate the contract by giving one month’s written notice or paying one month’s in lieu of notice. However, it is recommended that you first issue a written warning and provide an opportunity for improvement, while maintaining relevant records to avoid the termination being deemed unjustified. The employer must notify the Immigration Department within 7 days of the termination of the contract.
Question 2: My foreign domestic worker asked to borrow money from me. Should I lend it to her? If I do, and she returns to her home country and doesn’t come back, how can I get my money back?
It is recommended to avoid lending money whenever possible and to be wary of the risks associated with the “borrow first, quit later” scenario. There have been numerous reported cases in the past where foreign domestic workers borrowed money under various pretexts before returning to their home countries and ultimately never came back. If you decide to lend money, you must sign an IOU specifying the repayment date and method. However, if a domestic worker leaves Hong Kong and does not return, recovering the debt is extremely difficult due to the cross-border nature of the claim, so employers should be mentally prepared for the possibility that they may not be able to recover the money. The safest approach is to politely decline the request for a loan and explain that the contract already stipulates that the employer is responsible for providing room and board.
Question 3: Do I need to continue paying wages to a foreign domestic worker while they are on workers’ compensation leave? Do I need to purchase workers’ compensation insurance?
Yes. If a foreign domestic worker is injured on the job, the employer is liable under the Employees’ Compensation Ordinance, including the obligation to pay sick leave benefits and related medical expenses. Employers must purchase valid workers’ compensation insurance for foreign domestic workers; failure to do so is illegal and may result in a maximum fine of 100,000 and imprisonment for up to two years. If a foreign domestic worker is terminated while recovering from a work-related injury, the termination may also constitute unfair dismissal.
Summary: Checklist for Handling Disputes Between Employers and Foreign Domestic Workers
| Stage | Action |
|---|---|
| Prevention | □ Understand the basic obligations under the Employment Ordinance (minimum wage, paid leave, housing, workers’ compensation, etc.) □ Keep records of all wage and paid leave payments, and have the foreign domestic worker sign to acknowledge receipt □ Purchase valid workers’ compensation insurance |
| Early Stages of the Dispute | □ Communicate calmly with the foreign domestic worker and keep a written record □ If the issue is minor, try to resolve it internally |
| Serious Dispute | □ Call the Labor Department hotline at 2717 1771 or visit an office of the Labor Relations Division for assistance. □ If illegal activities are involved (such as wage deductions, physical abuse, or unauthorized loans), immediately contact the police or report the matter to the relevant authorities. |
| Follow up | □ If you terminate a foreign domestic worker’s employment, you must notify the Immigration Department within 7 days. □ If a foreign domestic worker misuses your personal information to take out a loan, file a complaint with the Office of the Privacy Commissioner and report the adverse record to the Immigration Department. |
Although labor disputes involving foreign domestic workers can be tricky, most issues can be resolved satisfactorily as long as employers are well-prepared, understand their legal rights and responsibilities, and make good use of the Labor Department’s free mediation services. If you are unfamiliar with the relevant legal provisions, it is recommended that you consult the Labor Department or seek professional legal advice to avoid incurring greater losses due to a misunderstanding of the regulations.
