Can an employer change an FDH's duties or salary during the contract?
Quick Answer
Salary cannot be reduced below the Minimum Allowable Wage (HK$5,100/month) — doing so is a criminal offence even if both parties agree. Duties must stay strictly domestic; assigning non-domestic work is illegal. A change of residential address is permitted but must be formally reported to the Immigration Department.
Overview
The Standard Employment Contract (ID407) sets a floor — not a ceiling — for what the helper is owed. Its core terms cannot be varied mid-contract in ways that disadvantage the helper or breach Hong Kong law.
Salary Changes
- Employers cannot unilaterally lower the helper's salary
- Private agreements to pay below the Minimum Allowable Wage (HK$5,100/month) are illegal — even if both parties sign a side agreement
- Employers can increase salary at any time
- Salary increases above the MAW can be documented via a written addendum, but the core contract terms remain governed by ID407
Duty Changes
The helper's permitted duties are limited to domestic duties as listed in the Schedule of Accommodation and Domestic Duties attached to the contract. Employers cannot:
- Require the helper to work in a shop, restaurant, or any business
- Require the helper to work for relatives, friends, or neighbours — even occasionally
- Require the helper to perform driving duties (unless ImmD grants special permission)
Assigning non-domestic work is a breach of the helper's conditions of stay — both the helper and employer can face criminal prosecution.
Change of Residential Address
If the employer moves house, this is permitted but requires formal notification:
- Notify the Immigration Department using Form ID407G (Revised Schedule of Accommodation and Domestic Duties)
- If moving to public housing (Housing Authority or HKHS estate), provide a letter of consent from the housing authority
- A short transitional period involving moving assistance is considered a normal domestic duty
What If Both Parties Agree to a Change?
Even mutual agreement cannot override statutory minimums or conditions of stay. The only way to legitimately change contract terms is at renewal, when a new ID407 is signed.
Important Notes
- Verbal agreements to change pay or duties have no legal standing and do not protect the employer
- If you genuinely need different work performed (non-domestic), you need a different type of worker — not an FDH
Sources
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