Hong Kong people have a hectic schedule. Together with the shortage of foreign domestic helpers due to the COVID-19 pandemic, many families may choose to hire local domestic helpers to meet their urgent needs on housekeeping. The Consumer Council discovered in its survey on 12 companies providing related services that the scopes of duties of the helpers do differ. For example, some do not help with outward-facing window cleaning, while some help with cooking but not grocery shopping. Therefore, consumers must clarify whether the helpers’ scopes of work are able to meet their needs, or whether extra charges are involved. Moreover, under the pandemic, fewer than half (5) of the companies surveyed chose to disclose whether their domestic helpers had received the COVID-19 vaccine, amongst which only 2 allowed consumers to select vaccinated domestic helpers. As the pandemic situation remains volatile, both domestic helpers and consumers might have to undergo compulsory testing, which could affect the service. Only half (6) of the companies stated clearly that in the event where the domestic helper must undergo compulsory testing, they would send another helper or reschedule. However, in cases where the consumer had to undergo compulsory testing, fewer than half of the companies allowed rescheduling or free cancellations. The Council urges the service providers, under the pandemic, to have service terms that clearly explain arrangements related to preventive and anti-epidemic measures, and to adopt a flexible and customer-centric approach in handling emergencies faced by the clients in order to fight the virus together.
The Council sent questionnaires to 23 domestic helper service providers in late 2021, enquiring about the charges for and information on domestic helper services. Disappointingly, only 11 service providers responded while over half of the companies were unwilling to respond. Subsequently, the Council, acting as a customer and through random sampling, enquired with one of the non-responsive companies. Altogether, the service information of 12 companies was collected and their service scopes, fees structures, terms, and the qualifications of the domestic helpers, etc, were compared.
Service Scopes of Companies Vary
Some consumers expect local domestic helpers to work like foreign domestic helpers, taking care of all household chores including cleaning and cooking. Yet, the survey revealed that the service scope of each company is different, particularly when it comes to tasks that are relatively dangerous or likely to cause falls. For example, 3 companies stated that their helpers would not clean high-up parts of the premises, or engage in any tasks that require climbing. Only 5 companies provided crystal chandelier cleaning and/or ceiling cleaning services. Under the pandemic, citizens have become more concerned about the cleanliness of their households. While the majority (11) of the companies surveyed provided cleaning of inward-facing windows, half stated that they did not provide cleaning of outward-facing windows. As for buying groceries and cooking, some companies only provided cooking services excluding grocery shopping. At the same time, one of the companies stated that if cooking service is to be provided on top of cleaning, the charge would be $660 for 4 hours, which is 32% higher than that of its standard cleaning service. Consumers should therefore pay attention to service scopes and fees, understand the needs of their households and plan ahead.
Pay Attention to Arrangements Related to Anti-epidemic Measures, Vaccination and Compulsory Testing Under the Pandemic
Having lived under the pandemic for two years, consumers may be more concerned about whether the domestic helpers adopt stringent anti-epidemic measures and are vaccinated, as well as the follow-up arrangements in case one of the parties has to undergo compulsory testing. Except for 1 company that did not provide related information, the remaining 11 companies provided anti-epidemic measures or guidelines for their domestic helpers to follow, such as bringing along sufficient protective gear and changing clothes upon arriving at and before leaving the premises. The situation was satisfactory.
Ascertain Whether the Domestic Helpers are Vaccinated
Under the pandemic, when choosing related services, families, particularly those with elderly and children, are concerned about whether the helpers visiting have been vaccinated. Some would even request agencies to only send vaccinated helpers to provide the service. Yet, only 5 companies surveyed indicated that some of their domestic helpers have been inoculated with the coronavirus vaccine, out of which 2 companies allowed consumers to select vaccinated domestic helpers.
Consumers requesting to hire a vaccinated helper may discuss with the domestic helper or consult their agency. If an agreement is reached, this would become a service term or duty on the contract. The Council reminds consumers that the vaccination record is considered personal data of the domestic helper, and any requests to check the proof should be based on mutual agreement. At the same time, consumers should not collect or keep any such records to avoid having to perform duties under the Personal Data (Privacy) Ordinance. If a consumer has retained a copy of the vaccination record, such as the electronic copy provided by the helper or the agency, they should delete it properly within a reasonable time period, i.e. when the helper has completed the service. Also, consumers are reminded that if the two parties have not reached any agreements regarding the necessity of vaccination by the domestic helper, and the consumer unilaterally refuses to let the helper provide the service on the basis that they are unable to provide the vaccination record, the consumer may run the risk of breaching the contract. To avoid disputes, consumers should reach an agreement with the domestic helper and their company, and ideally, put it in writing.
Under the pandemic, both the consumer and the domestic helper face the chance of contracting the disease, or may be required to undergo compulsory testing stipulated by the government as part of the anti-epidemic policy. However, only 9 amongst the 12 surveyed companies stated in their replies the arrangements in case the helper or the consumer needs to undergo compulsory testing. If the helper is to be tested, 6 companies would send another helper or reschedule, amongst which 1 even allowed deposit refunds. On the contrary, if the consumer has to be tested, only 5 companies indicated that rescheduling would be arranged, amongst which 1 allowed free cancellations.
The Council reminds consumers that some companies do not provide consumers with documents such as detailed contracts and/or receipts. 4 companies indicated in the survey that they would not provide such documents for the consumers, and 1 would only provide the contracts upon request, suggesting an extremely low transparency. Consumers should therefore pay extra attention before confirming the transactions. Otherwise, in case of dispute, it would be hard to have documented evidence. Also, when examining the contract, consumers should check clearly whether it contains terms related to the rights and duties of all parties under uncontrollable or unexpected circumstances (the “force majeure” clause). For example, if a party is required to undergo compulsory testing not through fault or negligence of their own, the rights and duties of all parties should be determined based on this clause. If the domestic helper company is only an “agency”, the consumer must enter into an employer/employee relationship with the domestic helper. Apart from having to take out an employees' compensation insurance, they may also need to bear responsibilities as an employer according to the Employment Ordinance. In the survey, 7 companies indicated that they had taken out insurance policy for their domestic helpers. However, 4 indicated that the consumer is the helper’s employer since they only provide agency services, and the insurance should be taken out by the consumer. Therefore, it is essential for consumers to establish in clear writing the arrangements. Otherwise, if a consumer does not allow a domestic helper to perform service because of compulsory testing, this may be considered a breach of contract. The helper may pursue a claim for the compensation, and exercise their rights under the Employment Ordinance.
Take Heed of Risks from Prepaid Packages and Other Surcharges
All 12 companies surveyed provided one-off domestic helper services. Charges ranged from $80 to $160 per helper per hour, with 3 hours as the minimum. Charges varied depending on the district, number of service hours per visit or work experience of the helpers. Take one of the companies for example, its charge for a 3-hour one-off service on Hong Kong Island was $410 up, while that for Kowloon and New Territories was $360 up, a difference of 14%. If consumers requested the helper to provide service during non-standard hours such as before and after normal working hours or public holidays, for some companies, a surcharge dependent on the time period would be imposed, ranging from $15 per hour to double the fee. At the same time, some companies charged according to service scopes. For example, for one company, a one-off cleaning service cost $500 for 4 hours, and if cooking service was also to be provided, it would be $660 for 4 hours, a difference of 32%.
Consumers who need to hire a local domestic helper on a long-term basis might consider purchasing packages, which are usually less expensive than one-off services. Yet, prepayment consumption has its own risk, and is not necessarily a better deal compared to one-off services. Half (6) of the companies surveyed provided packages, with validity ranging from 1 month to 6 months or 180 days. Also, 8 companies, including packages from 2, requested consumers to pay in full beforehand. If a consumer cancels the service during the long-term contract period due to personal reasons, 5 companies would refund the remaining fees pro-rata, while 2 would charge an administrative fee ranging from $250 to $350, and 1 indicated that no refunds would be given.
Moreover, in terms of making changes to booked service dates, only 1 indicated that the company did not need to be notified by a certain time. All remaining 11 requested consumers to submit the rescheduling notice at least 1 to 4 days in advance; otherwise, the service fee of the original booking, or an administrative fee ranging from $150 to $250, would be charged. If the domestic helper accidentally breaks a household item during work, the majority of the companies have a related compensation scheme, and the amount ranged from $100 to $500 per case.
The Council stresses that under the pandemic, there has been an increased demand for local domestic helpers, and related charges may be higher than before or fluctuate. Consumers are advised to refer to the survey and enquire in person in order to fully understand the latest charge details. In addition, due to the severe pandemic situation, preventive measures are not to be neglected. Related companies bear the responsibility for providing guidelines on stringent epidemic prevention measures. Not only does this safeguard employees’ health, but it also provides consumers with peace of mind and reduces the risk of transmission.
Download the article (Chinese only): https://ccchoice.org/544domestichelpers
Consumer Council reserves all its right (including copyright) in respect of CHOICE magazine and Online CHOICE.