SEC contract basics for employers

Problem

Agency packages and WhatsApp “side letters” invent rules that do not exist: private trial contracts, live-out deals, driving without ImmD permission, cash instead of holidays. ImmD only accepts ID 407. Breach of key clauses can be a breach of your undertaking to the HKSAR Government — and some breaches are criminal. Start here, then follow the linked checklists.

Steps

1. Only ID 407 is enforceable. The Standard Employment Contract is the only official FDH employment contract. Any other employment contract between you and the helper is not enforceable in Hong Kong. ImmD will not accept a non-SEC contract for a visa. Each SEC runs two years. At the end, the helper returns to the place of origin at your expense unless you renew under ImmD rules. Verified — LD FDH FAQ Q1; ImmD SEC terms (only contract acceptable to ImmD).
2. Live-in at the address on the contract (Clause 3). The helper must work and reside in your residence stated in the SEC during employment in Hong Kong. Provide free suitable furnished accommodation with reasonable privacy. Corridor beds and opposite-sex adult/teen room-shares fail LD’s unsuitable examples. Detail map: Live-in accommodation & privacy. Verified — LD FDH FAQ Q3; ImmD Clause 3 notes.
3. Domestic duties only, for you only, at that residence (Clause 4). The helper performs domestic duties for the named employer only. Do not require or allow non-domestic work, or work for any other person (including part-time). Driving a motor vehicle is excluded from domestic duties unless the Director of Immigration has given prior approval under Clause 15(d). Breach of Clause 4(a)/(b) forms part of the conditions of stay — helper and/or aider and abettor can face criminal prosecution. Verified — ImmD SEC Clause 4 notes; ImmD FDH FAQ on deployment restrictions; LD FDH FAQ Q32.
4. Wages ≥ MAW on signing day; pay on time (Clause 5(a)). Wages must not be less than the Minimum Allowable Wage prevailing on the contract date. For contracts signed on or after 3 October 2026, MAW is HK$5,220 per month (re-check FDH Portal before each new contract). No private side deal for less. Pay within seven days after each wage period ends. Only EO-permitted deductions. Detail: MAW & unpaid wages. Verified — LD FDH FAQ Q2; ImmD Clause 5(a) notes; FDH Portal.
5. Free food or food allowance (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). Do not claw food from wages when the SEC already requires free food or the stated allowance. Related: What employers must not ask the helper to pay. Verified — LD FDH FAQ Q21; ImmD Clause 5(b); FDH Portal / GovHK.
6. Leave buckets are separate (Clause 6 + EO). Rest days (≥ 1 continuous 24-hour rest day in every 7 days), statutory holidays, and paid annual leave are not interchangeable. Do not “buy out” a statutory holiday with cash instead of granting it. Keep leave and payment records. Detail: Rest day & holiday map. Verified — LD FDH FAQ Q4, Q33; ImmD EO essentials on SEC page.
7. Free medical + compulsory EC insurance (Clause 9). Provide free medical treatment during employment in Hong Kong (consultation, hospital maintenance, emergency dental — SEC wording), subject to the usual Clause 9(a) exception. Separately, take out employees’ compensation insurance before work starts — compulsory under the ECO. Part IV EC insurance normally does not cover non-work illness medical duty; LD encourages comprehensive FDH cover. Detail: Insurance before day one · Medical / clinic who pays. Verified — LD FDH FAQ Q27; ImmD Clause 9 notes.
8. Reimburse Clause 8 departure/entry fees. You are responsible for expenses the helper incurs for departure from the place of origin and entry into Hong Kong — including medical examination fees, Consulate authentication fees, visa fee, insurance fee, administration fee, or other fees of similar nature imposed by relevant government authorities. If the helper paid, reimburse in full on demand with receipts. Verified — ImmD FDH FAQ Q14 / SEC Clause 8 notes; LD Dos and Don’ts (reimburse document fees).
9. No probation track; early exit = Clause 10. There is no separate SEC probation or trial period. Either party may terminate before expiry by one month’s written notice or one month’s wages in lieu. Notify ImmD within seven days (ID 407E). Detail: No probation — what you can do today · Contract finish, renewal & notice. Verified — LD FDH FAQ Q1, Q8; ImmD Clause 10 notes.
10. Never withhold the helper’s documents. Passport, HKID, bank cards, employment contract, and government FDH leaflets stay with the helper. Retaining them without proper basis can be a criminal offence. Verified — LD Dos and Don’ts; Handy Guide §4.10 themes.

Before you sign / before day one

• SEC is ID 407 only — no side trial or lower-wage private contract
• Two-year term understood; renew vs finish planned early
• Live-in address on SEC matches real residence; suitable room with reasonable privacy
• Duties = domestic only for you; no driving without ImmD approval; no loaning helper out
• SEC wage ≥ MAW on signing day (HK$5,220 from 3 Oct 2026 — re-check)
• Food free or food allowance ≥ prevailing rate (HK$1,236 from 3 Oct 2026 — re-check)
• EC insurance in force before work starts; Clause 9(a) medical duty understood
• Clause 8 fee reimbursement path clear (receipts)
• Rest-day / holiday / annual-leave plan diary started
• Helper keeps own passport / HKID / bank cards / SEC copy

Sources

• Verified — ImmD — Standard Employment Contract terms & explanatory notes (ID 407 only; Clauses 3–5, 7–11, 13, 15; EO essentials). Checked 25 Oct 2026.
• Verified — LD FDH FAQ (Q1 only SEC / two years; Q2 MAW; Q3 live-in; Q4 leave; Q8 Clause 10; Q21 food; Q27 medical / EC; Q32 driving; Q33 no holiday buy-out)
• Verified — Standard Employment Contract (English PDF)
• Verified — LD FDH Portal (current MAW HK$5,220 and food allowance HK$1,236 for contracts from 3 Oct 2026)
• Verified — ImmD FDH FAQ (Clause 8 reimbursements Q14; deployment restrictions)
• Verified — LD Dos and Don’ts leaflet (document fees; do not retain helper’s personal property)

FAQ