Rent a flat for my two helpers

[manolita]

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

 

[Liquorice]

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.

 

[TheQuasimother]

Liquorice... Where did you get it made?

 

[carang]

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.

 

[TheQuasimother]

But if you lease two apartments, technically, you live in both right?

 

[elle]

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).

 

[Frenchy]

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... ??

 

[elle]

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

 

[carang]

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.

 

[Liquorice]

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.