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HomeAutomobile InsuranceCan your overseas home helper double as your driver?

Can your overseas home helper double as your driver?

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外傭姐姐可否兼任司機揸車?如出事保險有無得賠?

A automotive accident occurred final week in Lan Kwai Fong, Central, by which a car rolled down a slope and injured eight passers-by. The feminine driver was later confirmed to be a overseas maid. She was accused of inflicting an accident by failing to tighten the handbrake whereas parking on an incline, and is now charged with inflicting loss of life by harmful driving. The incident has additionally raised the questions: are overseas home helpers allowed to function drivers? In that case, how do they qualify for the function? As we speak, our consultants at Kwiksure will go over the associated necessities and utility course of.

Utility necessities for overseas home helpers trying to develop into part-time drivers

In response to the present normal employment contracts, home helpers are usually not allowed to work as full-time drivers. To be a part-time household driver, they have to apply for a particular allow from the Immigration Division. To acquire “Particular Permission for Efficiency of Motor Driving Duties by Overseas Home Helpers”, they’ve to fulfill the next necessities:

  1. The helper wants to carry a Hong Kong full driving license. Worldwide driving license, non permanent driving license, and probationary driving license is not going to be accepted.
  2. The allow requires the employer to offer enough proof that the overseas helper must “carry out any of the 5 classes of major family duties (i.e. family chores, cooking, caring for the aged at house, babysitting, and little one care)” and that “driving is required for such family duties”. Transporting employers to and from work or for recreation is out of scope.
  3. As well as, the employer should specify the possession, sort, and license variety of the car pushed by the helper. The car needs to be a household car or a compact car with not more than eight seats, and have to be registered underneath the identify of the employer or his/her partner. If the car is registered underneath an organization, the employer should present a certificates issued by the corporate that the car is meant to be used by the particular person involved and his members of the family.
  4. The helper should stay within the employer’s house.

Solely after fulfilling the above necessities and finishing the appliance type ID 934A will the Immigration Division contemplate whether or not or to not grant the permission to drive on a case-by-case foundation. Thomas Chan, Chairman of The Hong Kong Union of Employment Companies, estimates that presently just one% to 2% of helpers in Hong Kong maintain such permits, of which male helpers account for about 90%.

Utility procedures, required paperwork, and charges

After finishing the appliance type ID 934A, the employer can submit the shape along with the helper’s utility for a brand new entry visa to the Doc Receipt and Forwarding of the Immigration Division. Alternatively, they might submit it along with the helper’s utility for renewal or change of employer to the Overseas Home Helper Part. In the course of the efficient interval of an employment contract, an utility for a particular allow for a overseas home helper to carry out driving duties could be individually submitted to the Overseas Home Helper Part of the Immigration Division in order that the Division could make modifications to the circumstances of keep as stamped on the helper’s passport.

The Immigration Division normally approves allow functions inside 1 week of receipt of all required paperwork. If the appliance for particular permission is submitted together with the entry visa or extension of keep utility, these functions shall be processed collectively and accomplished inside 4 to six weeks. If the allow utility is authorised, the Immigration Division will notify the related employer and helper in writing.

As for the required paperwork, employers want to arrange:

  • Unique copy of the brand new normal employment contract, along with the appendix on the lodging and house responsibilities preparations for the helper whom shall be driving a car
  • A duplicate of the legitimate registration license of the car involved
  • A duplicate of the legitimate Hong Kong driving license for the overseas helper involved
  • If the car is registered underneath an organization, a certificates issued by the corporate have to be produced to show that the car is meant to be used by the particular person involved and his members of the family

As for charges, the employer doesn’t have to pay extra charges as soon as the appliance for a particular allow is authorised. Nonetheless, they have to pay for the prescribed visa price or extension price of HK$230.

A overseas home helper driving with no license or allow is towards the regulation

If a overseas helper serves as a household driver with no driving license or particular allow, the employer shall be held accountable as soon as it’s reported. The helper will even be charged for breaching the circumstances of keep and, upon conviction, could be fined as much as HK$50,000 and imprisoned for two years.

Prior to now 5 years, the Immigration Division has investigated 8 suspected circumstances of violation, of which it didn’t discover enough proof for prosecution in 6 circumstances, and the remaining 2 circumstances are nonetheless underneath investigation. There are criticisms on the dearth of regulation enforcement as a result of regardless of the cruel regulation, no prosecutions have been made when somebody broke the regulation.

If a overseas helper has an accident whereas driving, will your home helper insurance coverage/automotive insurance coverage cowl it?








 

Home Helper Insurance coverage

Third Occasion Automobile Insurance coverage

Complete Automobile Insurance coverage

 

Driving license + particular allow holder

Sure

No

Injury on car pushed by home helper

N/A

N/A

Relevant

(Deductible not relevant to registered driver, however relevant to unregistered driver)

N/A

Unintended loss of life or property harm to a 3rd occasion

N/A

Relevant

 

(Deductible not relevant to registered driver, however relevant to unregistered driver)

Relevant

 

(Deductible not relevant to registered driver, however relevant to unregistered driver)

Automobile insurance coverage will present compensation; the insurance coverage firm has the suitable to get better the loss from the automotive proprietor through civil declare

Home helper damage in automotive accident

A declare could be comprised of the worker compensation half

N/A

N/A

N/A

First, if the helper has a automotive accident and he/she holds a legitimate driving license and a particular allow, the automotive insurance coverage will cowl the accident. If the helper is a registered driver of the car, you do not want to pay a deductible when submitting for claims. In any other case, you have to to pay a deductible if you declare.

If the overseas helper causes third-party casualties and even property loss within the accident, you’ll be able to solely declare compensation from the third-party automotive insurance coverage. The overseas home helper insurance coverage doesn’t cowl third-party casualties brought on by the helper in a automotive accident.

As well as, if the helper is injured in a automotive accident, the worker compensation a part of the overseas home helper insurance coverage could be claimed as a result of he/she was injured on obligation.

Lastly, if a overseas helper has a automotive accident throughout work, the insurance coverage firm is entitled to seek out out whether or not he/she holds a authorized Hong Kong driving license and whether or not driving is throughout the scope of his/her work. If the helper fails to offer a legitimate driving license or allow, the insurance coverage firm will nonetheless compensate the third occasion for casualties and losses first, however retains the suitable to assert damages from the employer through a civil declare.

The affect of COVID-19 on hiring overseas home helpers

As a result of raging COVID-19 pandemic, many helpers haven’t been in a position to enter Hong Kong on account of immigration or safety difficultys. Employers can solely rent home helpers who’re already in Hong Kong and have presently accomplished their contracts. Within the case of excessive demand and low provide, the wages of those home helpers have risen, and there are a collection of extra requests from these home helpers, corresponding to having their very own room or complete insurance coverage safety.

Securing home helper insurance coverage with enough safety can assist you discover your best-fit employee as quickly as potential. As a substitute of quoting from firm to firm your self, get a free plan comparability and neutral recommendation from a good insurance coverage dealer like Kwiksure at this time!

Apart from home helper insurance coverage, Kwiksure additionally supplies automotive insurance coverage (third-party and complete), bike insurance coverage, Voluntary Well being Insurance coverage Scheme (VHIS), and lots of extra. Get a free quote now with our on-line citation device! For a free plan comparability and neutral recommendation, contact our staff of insurance coverage advisors at this time.



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