Live-out helpers... exactly how illegal is it...?

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  1. #1

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    Live-out helpers... exactly how illegal is it...?



    Hi, We are think of hiring a helper but really don't want anyone living with us. I know it's illegal for helpers to 'live-out' but would I be right in saying that it seems pretty common? And that people don't tend to get into much trouble around this? Any thoughts?

  2. #2

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    there are no degrees of legality. it is illegal. yes, people take the chance.

    what you need to decide is:

    1) are you willing to risk a HUGE fine?
    2) are you willing to risk the possiblity of hiring a helper in the future?
    3) are you willing to ask someone to risk a fine and jail time for working illegally?


  3. #3

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    Quote Originally Posted by carang:
    there are no degrees of legality.
    Exactly what I was thinking!

    Also there is the risk, I believe, of having future requests for an FDH being turned down.

  4. #4

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    Thanks for your replies I do realise it is illegal but as this is such as common practice, and the helpers’ boarding houses are so numerous and seem to operate without issue, I suppose what I am trying to establish is whether or not this law is actually regularly enforced? I would never ask a helper to put themselves in jeopardy, but many wish to live out, and it is also our preference, so I am just gathering some information about potential risks. I understand that the practice of helpers living out is illegal and both employer and employee can be subject to fines/jail, but as we all know, some laws are enforced rigorously, while others seem to have a blind eye turned to them and result in little or no action if broken.

    Last edited by SJK; 06-03-2009 at 09:57 AM.

  5. #5

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    All it takes is for a neighbor or another helper to report you and they will prosecute you. If your helper falls out with another helper it has been known for them to get back at them by reporting them to immigration.

    why not hire a local helper to avoid breaking the law?


  6. #6

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    Quote Originally Posted by Misty:
    All it takes is for a neighbor or another helper to report you and they will prosecute you. If your helper falls out with another helper it has been known for them to get back at them by reporting them to immigration.

    why not hire a local helper to avoid breaking the law?
    Thanks You make a good point. So it would seem that prosecutions do happen then. I did try to hire a local helper, but have been on three waiting lists for months now. One company sent me a part time person once a week for a few weeks while another client was away, but she spoke Enlgish as well as I speak Cantonese, so we had a little trouble, and from what I hear, that is a pretty common experience. Apart from just having a helper live-in, any other suggestions?

  7. #7

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    umm.... clean your flat yourself?

    there is also the possibility of MERRY MAIDS or some other cleaning service, although they charge heftily for it.


  8. #8

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    As far as I know it is NOT ILLEGAL to employ a LOCAL as a Live out helper.


  9. #9

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    Quote Originally Posted by carang:
    there are no degrees of legality. it is illegal. yes, people take the chance.

    what you need to decide is:

    1) are you willing to risk a HUGE fine?
    2) are you willing to risk the possiblity of hiring a helper in the future?
    3) are you willing to ask someone to risk a fine and jail time for working illegally?
    Isn't the fine $250,000HKD for a first offence, and or, 12 months gaol to anybody caught hiring illegal workers ?
    It's also very likely that if you are a non PR expat, that you also risk having your visa canceled during the whole tin of worms that hiring SCL will generate...HK immigration will come down on you with brutal fury. Why risk that kind of trouble, under any circumstances?

    It's very bad taste, when foreigners hire Suspected Casual Labour, and sullies the reputation of the rest of ( us ) the law abiding expat community, by participating in such an activity....

    Hiring a local ( Permanent Resident ) maid from Merrymaids Merry maids etc, and observing Hong Kong rule of law, is the only right thing to do...

    Also placing an advert in your club house, or at the local supermarket, stipulating that you are looking for a part time PR maid, might be a good idea.. It won't happen over night, but it will happen... Hiring dud staff can be frustrating, but once you get a good one, life will be good, and worth the previous trials.....

    Good luck..
    Last edited by Skyhook; 06-03-2009 at 02:00 PM.

  10. #10

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    Quote Originally Posted by Skyhook:
    Isn't the fine $250,000HKD for a first offence, and or, 12 months gaol to anybody caught hiring illegal workers ?
    It's also very likely that if you are a non PR expat, that you also risk having your visa canceled during the whole tin of worms that hiring SCL will generate...HK immigration will come down on you with brutal fury. Why risk that kind of trouble, under any circumstances?
    Come on!

    I doubt that anybody in HK has ever been fined HKD 250,000 for employing a full time DH who lives out.
    I know quite a few families who do this - as it's just not very common to have a person not belonging to the family living with you, especially for Europeans.

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