Helpers who do not live in-Legal?

B

BeaMae

Registered User
Hello,

We are moving to HK in March and will be looking for a helper at some point once we get there. Ideally we could find someone who does not live with us, at least to start, but I am not clear if that is legal, or recommended. I have gone to the HK Govt website, but can't find anything specific about the living arrangements. Does anyone have any information on this? Can we hire a full time helper legally without them living in, or do they need to be part time?

Thank you so much for your help!!
 
It is illegal (unless they are a local which is very rare) but of course many people take the risk anyway.

Curious why you want them to live out? Is it just that you have not had a helper before and the thought of having someone under foot all the time scares you? You'll come round, most of us do :) The set up of apartments here is such that they live off the kitchen in their own room, have their own door to come and go etc so it's not like you have to see them all day long and you certainly don't have to eat with them, watch tv with them unless you choose to.
 
Yes, it is partially a comfort issue. We are not too excited about having someone live in, especially until we know them and like them. But I realize that is not how it works. Is there such a thing as part time helpers who are legal and do not live in? I do not think I will need someone full time. Thanks!
 
Hi, I have just hired a helper for the first time. Although our helper will be live in, we found a document that does advise that it is illegal to live out. Click on the below link, and go to link under the 'wages' A8. In the link go to the bottom of page 5, Q1.7). This was found on the immigration departments website when I was looking into wages:
http://www.immd.gov.hk/ehtml/faq_fdh.htm#4
As this was our first full time helper, we delayed hiring one for around 6 months purely due to the uneasiness of having someone else live with us. But, we did a lot of reserch, interviews and think we have found the right person, so are willing to give it a go, especially now I am pregnant with my second and have a one year old as well. The hesitation of many hiring F/T helpers are for this reason.
Although it is technically illegal, many do have their helpers live out at boarding houses or alternative accommodation for many reasons, such as a lack of room, they are not comfortable with having a helper live with them, or some apartments just don't have living quarters for them. I guess it is upto you, but it is not something you need to jump into straight away. Wait to move here, settle down, make some friends and try and gain as much info from them as you can. Best of luck with your decision, I hope this helps.
 
Thank you so much for your input, I really appreciate it. I am not ready to have anyone live in yet and will wait for a while before deciding what to do. I think that is good advice, I am not working when we get there and have a 2 year old, so I will busy just trying to get us settled. We are considering #2, and if we do that I will probably begin to think more seriously about it. Thanks again!!
 
If I had just one child to look after I would just get a part-timer. They are easy enough to come by and well priced. Most are paid $50-60/hour.

With two or more children it's definitely worth having a full time live in as HK is a decidely difficult place to get around with kids.
 
aussiegal said:
The set up of apartments here is such that they live off the kitchen in their own room, have their own door to come and go etc so it's not like you have to see them all day long and you certainly don't have to eat with them, watch tv with them unless you choose to.
Click to expand...

The above info is a bit misleading. I think you'll find that in older style apartments (eg, the old university quarters in Pokfulam) that will be the case. However, in many other apartment complexes, particularly the new ones, the helper's "room" (if you can call it that, more like a cupboard in some cases) is not very big and they do not have a separate entrance - they need to enter through the main door like everyone else.
 
So part-time helpers are legal? That would be better for us, to start.

And it is true that the helper's room in our building does not have a separate entrance.
 
Part-time helpers are illegal unless they are local - who are not easy to come by.

Having said that, having part time help is probably more common than having a live out helper. We know people who do both. Generally, people who work and dont have kids opt for part time help and its not perceived as too much of a big deal. As you dont sponsor a part timer and liability would be hard to pinpoint. I believe it is regarded a greater offense if your helper is found to be living out -- and unfortunately has been used as ammunition when there are disputes between neighbours.

The HK government largely impose this because as an employer who has sponsored someone from overseas they are your responsibility and there have been cases, more common than you think of live out helpers 'moonlighting' under unfavourable circumstances. The fine for being caught with a live out is something like HK$30,000 -- this was cited by a friend and I cannot vouch for it completely but it gives you an idea of how serious the government takes it all. Good Luck!
 
Yes, I beleive part time helpers are legal. It depends on your building and the apartment you chose. The building I am in, the larger one's have a seperate entrance and the smaller apartments the helper shares the same entrance.
Good luck with the move.
 
Putting the legal issue aside, I think there are a lot of advantages to having a live-in. Particularly if both you and your partner work. There will be no issue of the helper being late in the morning and she can get things up and running whilst you get ready in the morning. Also, you're able to make last minute decision to go out in the evening anytime, whether for a quick drink down the local, or a full night out, and there's always someone there other than Sundays. I think a lot of people with live-out helpers tend to have to give longer notice to their helpers and plan things more when they go out. Hong Kong is a highly sociable place so you might find that you want more flexibility particularly in the beginning when you're making new friends. Another factor to take into account is that, if you have a live-in to begin with, you can always ask her to live out if you have to and she won't mind, but the other way round might be harder since a helper might already have become use to having her own place. If you have at least one child and you like to maintain a reasonably "varied" lifestyle, provided that you find the right live-in helper, you will probably end up finding her an indispensable part of the family. I think you will probably need to start living in Hong Kong to appreciate this.
 
Yes, it is illegal to have a live-out foreign domestic helper - whether full-time or part-time. But many people still do it.

When I just had my first child, I had a part-time local chinese lady clean a couple of times a week. That was plenty enough for me - but she didn't speak any English...

I finally caved in and got a full-time live-in foreign domestic helper when my second child was 6 months old. Best decision I ever made! She is really great and although having her live with us takes some getting used to, the benefits far outweigh this.

That said, we are currently looking for a new flat and I am favouring the ones with the helpers room through the kitchen with a separate door....

Hope that helps
 
I don't think we saw any helper's rooms with a separate entrance. That aside, I think we will probably end up with a live in helper, especially if we have a second. We did not manage to have a regular sitter here at home, so the idea of having regular baby sitting would be fantastic. Thank you all for the input!!
 
BeaMae
Usually it's the older flats that have a separate entrance for helpers and helper's area which is more separate from the rest of the flat. I live in a flat that was built around 40 years ago and it has not one, but two helpers rooms and a service area for laundry and ironing. The helpers area is off the kitchen and quite private. They can't hear us and we can't hear them if the doors to the kitchen are closed.
 
That makes sense, I think my husband was looking at buildings that were built more recently. Maybe we will end up moving after the first year, once we get settled. Thanks!
 
Part timers are not legal unless they are locals or hold Permanent Residency...or so I've always thought. But again many people have part time help to clean etc...
 
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