What employers must not ask the helper to pay

Problem

Agency “packages,” forum tips, and cash habits blur who pays what. Asking the helper to cover placement debts, food when the SEC already says free food, medical bills that Clause 9(a) covers, or home-country visa paperwork can become an unlawful wage deduction, an SEC breach, or both. This page is the employer “do not shift” list — distinct from the agency fee red-flag list (what you pay the agency) and MAW & unpaid wages (how you pay wages).

Steps

1. Never deduct wages for agency commission, training/intermediary fees, or helper debts. Labour Department Dos and Don’ts and underpayment materials state you must not deduct the FDH’s wages to repay commission or training fees charged by an EA (or other individuals/institutions), or debts the helper incurred. Unlawful wage deduction is an offence under the Employment Ordinance — maximum fine HK$100,000 and imprisonment for 1 year. EAs must not ask or abet you to make those deductions. Verified — LD Dos and Don’ts leaflet (employer side); LD “Underpaying FDHs is a serious offence”; Practical Guide FAQ on collecting overseas loans.
2. Know the helper-side commission cap (so you are not the debt collector). A Hong Kong EA may only charge a job-seeker the prescribed commission — currently 10% of the first month’s wages after successful placement — not registration, photocopying, reservation, or other fees. Payment should not be taken before the helper receives that first month’s wages. Helper–agency / helper–loan finances are between those parties; do not become the collection channel. Verified — LD Engaging an EA; EA Portal / Employment Agency Regulations themes; Dos and Don’ts.
3. Do not shift home-country government / Consulate / placement fees onto the helper. LD Dos and Don’ts tell employers to reimburse the FDH for necessary document costs such as medical examination fees, Consulate authentication fees, visa fees, insurance fees, administration fees, or other fees of a similar nature imposed by relevant government authorities. EAs are not allowed to advise employers to shift those home-country burdens onto FDHs before they come to Hong Kong. Verified — LD Dos and Don’ts leaflet (employer “should” + EA “are not allowed” sections).
4. Food is free — or you pay the food allowance. Do not charge food against wages. SEC Clause 5(b): provide food free of charge, or pay food allowance not less than the rate prevailing when the SEC was signed (currently at least HK$1,236 per month for contracts from 3 Oct 2026 — re-check the FDH Portal). Deducting “food money” from wages when the SEC already requires free food or the stated allowance is a red flag. Verified — LD FDH FAQ Q21; FDH Portal MAW / food allowance; Handy Guide / Employment handbook food sections.
5. Accommodation and essential facilities are free. SEC requires suitable furnished accommodation with reasonable privacy at your residence, free of charge, plus essential facilities (light, water, toilet/bathing, bed, bedding, wardrobe, etc.). Do not rent the maid’s room to the helper or claw back utilities from wages. Verified — LD FDH FAQ Q3; Handy Guide / Employment handbook §4.1; see also live-in accommodation checklist.
6. Medical treatment under Clause 9(a) is your cost — not a wage clawback. During employment in Hong Kong, provide free medical treatment (medical consultation, maintenance in hospital, emergency dental treatment) when the helper is ill or injured, subject to the SEC exception for periods the helper leaves Hong Kong of their own volition for personal purposes. Employees’ compensation insurance is also your compulsory cost for work injuries. Do not deduct clinic bills from wages when the SEC duty applies. Verified — LD FDH FAQ Q27; LD insurance leaflet; see medical / clinic who pays.
7. Return passage is free — buy the ticket, don’t push cash-and-forget. On completion or termination of the SEC, provide free return passage to the place of origin. LD advises purchasing an air ticket with basic checked luggage rather than cash in lieu. Do not make the helper buy their own ticket out of unpaid wages. Verified — LD FDH FAQ Q35; Dos and Don’ts (free passage; purchase ticket directly).
8. Pay wages in full per the SEC — only EO-permitted deductions. Pay at least the wage locked into the SEC (not less than MAW on signing day). Permitted deductions (e.g. damage/loss by neglect — value, but not more than HK$300 in any one case; caps on totals) are narrow. Everything else — “deposit,” passport security, agency package clawback, holiday buy-out instead of granting the holiday — fails. Buying out a statutory holiday with cash instead of granting it is prohibited. Verified — LD FDH FAQ Q2, Q6, Q33; ImmD SEC deduction notes; see MAW & unpaid wages.
9. Red flags — stop and re-check official pages.
   • Agency asks you to deduct helper wages for overseas loans, training, or placement fees
   • “Package” that has the helper repay your agency fee from salary
   • Helper told to pay food, room rent, or utilities out of wages when SEC says free
   • Clinic / hospital bill deducted when Clause 9(a) applies
   • Helper told to buy their own return ticket from final pay
   • Visa / medical exam / Consulate authentication fees left entirely on the helper with no reimbursement path LD describes
   • Cash instead of a statutory holiday (“buy-out”)
   Verified — synthesis of LD Dos and Don’ts, Engaging an EA, FDH FAQ, and underpayment materials (each item maps to sources above).

Employer “do not shift” checklist

• No wage deductions for EA commission, training/intermediary fees, or helper debts
• Not acting as debt collector for overseas agency / loan firm
• Home-country document / visa / medical-exam style fees: reimbursement path per Dos and Don’ts (not shifted onto helper)
• Food free, or food allowance ≥ prevailing rate (currently HK$1,236 for contracts from 3 Oct 2026)
• Accommodation + essential facilities free — no rent/utilities clawback
• Clause 9(a) medical costs not deducted from wages; EC insurance paid by you
• Return air ticket purchased (not “helper buys own ticket”)
• Wages paid in full per SEC; only EO-permitted deductions; no holiday buy-out

Sources

• Verified — Labour Department leaflet: Dos and Don’ts (PDF) — employer must not deduct wages for EA commission/training fees or helper debts; reimburse necessary document fees; free food / accommodation / medical / return passage. Checked 25 Oct 2026.
• Verified — LD — Underpaying foreign domestic helpers is a serious offence (unlawful deduction / passing wages to EA or third party for debts)
• Verified — LD FDH — Engaging an Employment Agency (prescribed commission 10% of first-month wages; no other job-seeker fees)
• Verified — LD — Points to note when using employment agencies
• Verified — LD FDH FAQ (Q2 MAW; Q3 accommodation; Q6 damage deduction ≤ HK$300; Q21 food; Q27 free medical / EC insurance; Q33 no holiday buy-out; Q35 free return passage)
• Verified — LD FDH Portal (current MAW HK$5,220 and food allowance HK$1,236 for contracts from 3 Oct 2026 — re-check before each new contract)
• Verified — Employment Agencies Portal — looking for a licensed EA

FAQ