Rent a flat for my two helpers

M

manolita

Registered User
Hi Everyone,

We are going to hire a second helper and we plan to rent a small flat for them ( our 2 helpers) since we do not have enough rooms in our place. Does anyone know if this is legal or is there anyone who can advise how they accommodate 2 helpers?

Thanks a lot,

Celine
 
Hi Celine, do you have a garden? We live in the NT so more space. We bought a prefabricated house for them to live in and put it just behind our house. We originally had it made for just one helper, it has it's own bathroom and it is more spacious (and private) than the designated helper room in our house. We ended up hiring a husband and wife after our first helper so it is a little more cramped for them but they are happy to be together. You can have them made to any size specification.
 
it is illegal to have them live in a separate apartment/flat. they MUST reside with you (according to the law).

we've also looked at the pre-fab housing, but it is very expensive and also, illegal (illegal structure). if anyone complains, the lands dept will come and tell you to knock it down...still considering it, though.
 
No. Your helper's empolyment is tied to a single residence, regardless of how many properties you own. For example, we have a weekend house in Lantau but cannot have our helper work there.

What the OP proposes is illegal unless they already have permission for the helpers to stay out (which Immigration currently does not grant).
 
But the situation would be different there, as the helpers would live in a flat under Celine's name, and would work at HER place. I know some estate agent renting 2 appartments, and their helper is living separately, I guess that they are aware of the laws too... ??
 
No. HK Immigration clearly states that a domestic helper can only work at one address, the primary residence of the employer. Maybe the estate agent you know choses to break the law or maybe she just doesn't know about the law, but that doesn't make what she is doing right. I'm not saying it can't be done and indeed I do know people who do it, but that doesn't make it legal.

"[the employer] will let the helper work and reside at the contractual address only"

http://www.immd.gov.hk/ehtml/faq_fdh.htm#2
 
what elle says is true... and however many of us disagree with this ruling, we do not make the laws.

we went from having one helper to hiring her husband, which was ok because they shared a room... but now my helper has moved to canada and her husband has the room to himself. this makes it difficult to legally employ another helper unless i move all of the bedrooms around, have her live out illegally, put an illegal structure on the roof or give her the "playroom/guest room" which is about 350' of our house....not something i'm inclined to do.
 
Quasimother, we had our pre-frab made in a shop in Saikung. Don't have the details to hand - on holiday - but can find them for you when back in HK.

Carang - ours is technically not illegal because it could be moved - it is raised off the floor, not built in. Of course it would be a massive pain to move and we would probably have to destroy it in the process but we can claim that it isn't illegal.
 
Yes, technically it's illegal but zillions of families out there share helpers, that is, the helper goes to the grandparents place to cook/clean or goes to another friend's house to babysit, etc. If they don't get themselves into trouble and have to have the police come around at night, it shouldn't be too problematic. On another note, wouldn't it just be easier to get a bigger place with a helper's room?
 
Liquorice said:
Quasimother, we had our pre-frab made in a shop in Saikung. Don't have the details to hand - on holiday - but can find them for you when back in HK.

Carang - ours is technically not illegal because it could be moved - it is raised off the floor, not built in. Of course it would be a massive pain to move and we would probably have to destroy it in the process but we can claim that it isn't illegal.
Click to expand...

Liquorice: Actually, as a fully qualified HK lawyer, I can confirm that Carang is 100% correct. It would be considered an illegal building structure notwithstanding that it is freestanding and raised off the floor. The law does not require that a structure be "built in" or bolted down to the floor. I have come across numerous HK legal authorities in which structures exactly like your pre-fabricated house have been deemed illegal structures. There was even one case in which a large, freestanding fish tank was ruled to be an illegal structure.
 
Hi All,

Thanks a lot for all your answers - finally my husband and I choose to hire a local helper who is supposed to be 'specialized" in child care - she would work 5 days a week and 8 hours a day. In terms of costs, it is the same than renting a flat + paying 2 helpers. We are recruiting right now since I have to go back to work end of May.
it is really a pity that in Hong Kong we don t have any creche or nice child care center for working parents ...
 
manolita said:
Hi All,

Thanks a lot for all your answers - finally my husband and I choose to hire a local helper who is supposed to be 'specialized" in child care - she would work 5 days a week and 8 hours a day. In terms of costs, it is the same than renting a flat + paying 2 helpers. We are recruiting right now since I have to go back to work end of May.
it is really a pity that in Hong Kong we don t have any creche or nice child care center for working parents ...
Click to expand...

working 40 hours a week is considered a full time employee. MPF, vacation, and minimum wage all applies. fulltime non foreign domestic worker insurance is also required.
 
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