This is a severe penalty for employers whose domestic workers' salaries are below the minimum standard
PMI CONSULTATION
ASKING: Can the employer agree with the domestic worker (PRT) to pay a salary less than the minimum standard salary set by the Hong Kong Government? What is the current minimum salary?
ANSWER: Should not. The employer must not make an agreement with the domestic worker to pay a salary less than the minimum standard allowable salary.
Permission to bring in foreign domestic workers is based on facts submitted to the Director of Immigration, that the employer agrees to pay a salary not less than the stipulated minimum salary.
Employers who pay wages less than that specified in the standard employment contract face a maximum fine of HK $ 350,000 and a 3 year prison sentence.
By paying wages below the minimum standard, employers also commit serious offenses, namely making untrue statements to Immigration officials and conspiring to commit fraud.
Anyone who makes a false statement carries a maximum fine of HK $ 150,000 and a prison sentence of 14 years. Anyone who conspires to commit fraud carries a prison sentence of 14 years.
Minimum wages are reviewed regularly. For work contracts made before that date, (as long as the work contract is still valid), the employer must pay the domestic worker a salary not less than the salary in the standard work contract that has been determined or ongoing.
The standard minimum wage set by the Government of Hong Kong as of October 1, 2018 is HK $ 4,520 per month and the meal allowance (if not provided with free meals) cannot be less than HK $ 1,075 per month. [DDHKNews]
Source: A Practical Handbook for Hong Kong's Department of Foreign Service Guides [p. 9/11]
