Hiring a foreign domestic helper in Hong Kong can result in several legal issues for the employer. Common problems include:

 

1. Employment without appropriate visa or before visa issuance: Hiring a foreign domestic helper without the appropriate visa or before the visa is issued is a serious violation of Hong Kong's immigration law.

 

2. Employment of someone else's foreign domestic helper, on a part-time basis: If an employer hires a foreign domestic helper who is already employed by someone else, or if the employer allows the foreign domestic helper to work for another person on a part-time basis, this can lead to serious legal problems.

 

3. Underpayment of salary: It is important to follow minimum wage laws in Hong Kong. Failing to pay the minimum wage or underpaying a foreign domestic helper can lead to disputes and legal action.

 

4. Excessive deductions from salary: Employers must follow the rules regarding deductions from foreign domestic helper's wages. Excessive or unauthorised deductions can lead to legal problems.

 

5. Have foreign domestic helper work in several locations: According to the terms of the employment contract, it is important to respect the restrictions regarding the foreign domestic helper's workplaces. Having the foreign domestic helper work in multiple locations without permission can lead to legal problems.

 

6. Non-compliance with employment contract or immigration rules: Any deviation from the terms of the employment contract or Hong Kong immigration rules may result in legal problems for the employer.

 

7. Not taking out insurance for the foreign domestic helper: Under Hong Kong law, employers are required to carry foreign domestic helper insurance to cover accidents or injuries in the workplace, and repatriation of the body in case of death. Failure to procure insurance could result in legal liabilities and even criminal prosecution.

 

Regarding civil liabilities, the employer could be held responsible to financially compensate the foreign domestic helper for any damages suffered due to violations of labour law or the employment contract.

 

Criminally, if the employer is found guilty of offenses, such as illegally employing a foreign domestic helper without a proper visa (or other offences), they could face significant fines and even imprisonment.

 

Romain Pierre Levaire, as a barrister in Hong Kong, can provide legal assistance in these situations on the instruction of a solicitor. He can advise employers on their rights and obligations, help them understand the relevant laws and avoid potential legal problems. If an employer faces legal action, he can represent the employer in court and defend their interests.