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Domestic Helper Loan Agreement for Hong Kong

Domestic Helper Loan Agreement Template for Hong Kong

A legally binding agreement governed by Hong Kong law that establishes the terms and conditions for a loan provided by an employer to a domestic helper. The document outlines the loan amount, repayment terms, interest rates (if applicable), and the relationship between loan repayment and employment. It complies with Hong Kong's Money Lenders Ordinance and takes into consideration the Employment Ordinance and Immigration regulations specific to domestic helper employment. The agreement typically includes provisions for salary deduction arrangements and scenarios involving early employment termination.

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What is a Domestic Helper Loan Agreement?

The Domestic Helper Loan Agreement is commonly used in Hong Kong when employers provide financial assistance to domestic helpers, typically for covering placement fees, travel expenses, or other employment-related costs. This document is essential in the context of Hong Kong's foreign domestic helper employment system, where helpers often require initial financial support to commence their employment. The agreement must comply with Hong Kong's Money Lenders Ordinance (Cap. 163), Employment Ordinance (Cap. 57), and related regulations. It establishes clear terms for loan amount, repayment schedule, and the relationship between loan obligations and the employment contract. The document typically includes provisions for salary deductions and addresses scenarios such as early employment termination or default.

What sections should be included in a Domestic Helper Loan Agreement?

1. Parties: Identification of the lender (typically the employer) and borrower (the domestic helper), including full legal names, identification numbers, and addresses

2. Background: Context of the loan, typically relating to employment arrangement and purpose of the loan (e.g., placement fee, airfare)

3. Definitions: Key terms used in the agreement including 'Loan Amount', 'Interest Rate', 'Repayment Period', 'Employment Contract'

4. Loan Details: Specific amount of the loan, purpose, and disbursement method

5. Interest and Fees: Interest rate (if any), calculation method, and any associated fees, ensuring compliance with Money Lenders Ordinance

6. Repayment Terms: Payment schedule, installment amounts, payment method, and deduction from salary arrangements

7. Security and Guarantees: Any security or guarantees provided for the loan

8. Default and Remedies: Consequences of default, including in case of employment termination

9. Representations and Warranties: Statements by both parties about their capacity to enter into the agreement

10. Termination: Circumstances under which the agreement can be terminated and consequences

11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

What sections are optional to include in a Domestic Helper Loan Agreement?

1. Insurance: Details of any insurance requirements or provisions, used when loan is linked to insurance premiums

2. Prepayment: Terms for early repayment of the loan, if allowed

3. Assignment: Provisions regarding transfer of rights under the agreement, if relevant

4. Relationship with Employment Contract: Detailed provisions about how loan repayment relates to ongoing employment, used when loan is directly tied to employment terms

5. Language Declaration: Statement about translation and primary language, used when helper's first language is not English or Chinese

What schedules should be included in a Domestic Helper Loan Agreement?

1. Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Loan Disbursement Details: Specifics of how and when the loan amount will be disbursed

3. Employment Contract Reference: Copy or key details of the related employment contract

4. Salary Deduction Authorization: Written authorization for deducting loan repayments from salary

5. Personal Data Collection Statement: Statement regarding collection and use of personal data in compliance with PDPO

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Letter of Credit

Cost

Free to use
Relevant legal definitions
























Clauses






















Relevant Industries

Household Employment

Domestic Services

Financial Services

Employment Services

Immigration Services

Personal Services

Relevant Teams

Human Resources

Legal

Compliance

Finance

Administration

Employment Services

Immigration Services

Relevant Roles

HR Manager

Legal Counsel

Employment Agency Manager

Compliance Officer

Household Employer

Domestic Helper

Immigration Consultant

Financial Controller

Legal Administrator

HR Administrator

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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