Monday, July 18, 2022
HomeAutomobile InsuranceCan your international home helper double as your driver?

Can your international home helper double as your driver?


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, wherein a automobile rolled down a slope and injured eight passers-by. The feminine driver was later confirmed to be a international 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 international home helpers allowed to function drivers? In that case, how do they qualify for the function? In the present day, our specialists at Kwiksure will go over the associated necessities and software course of.

Utility necessities for international home helpers seeking to change into part-time drivers

In line with the present customary employment contracts, home helpers aren’t 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 International Home Helpers”, they’ve to satisfy 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 won’t be accepted.
  2. The allow requires the employer to supply ample proof that the international helper must “carry out any of the 5 classes of main family duties (i.e. family chores, cooking, caring for the aged at dwelling, babysitting, and baby 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 automobile pushed by the helper. The automobile needs to be a household automobile or a compact automobile with not more than eight seats, and have to be registered beneath the identify of the employer or his/her partner. If the automobile is registered beneath an organization, the employer should present a certificates issued by the corporate that the automobile is meant to be used by the individual involved and his relations.
  4. The helper should dwell within the employer’s dwelling.

Solely after fulfilling the above necessities and finishing the appliance kind ID 934A will the Immigration Division take into account 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 Businesses, estimates that at present 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 costs

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

The Immigration Division often 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 software, these functions will probably be processed collectively and accomplished inside 4 to six weeks. If the allow software is authorised, the Immigration Division will notify the related employer and helper in writing.

As for the required paperwork, employers want to organize:

  • Unique copy of the brand new customary employment contract, along with the appendix on the lodging and housekeeping preparations for the helper whom will probably be driving a automobile
  • A replica of the legitimate registration license of the automobile involved
  • A replica of the legitimate Hong Kong driving license for the international helper involved
  • If the automobile is registered beneath an organization, a certificates issued by the corporate have to be produced to show that the automobile is meant to be used by the individual involved and his relations

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

A international home helper driving with no license or allow is in opposition to the legislation

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

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

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








 

Home Helper Insurance coverage

Third Social gathering Automobile Insurance coverage

Complete Automobile Insurance coverage

 

Driving license + particular allow holder

Sure

No

Injury on automobile pushed by home helper

N/A

N/A

Relevant

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

N/A

Unintentional loss of life or property harm to a 3rd get together

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 recuperate the loss from the automotive proprietor through civil declare

Home helper damage in automotive accident

A declare may be constituted of the worker compensation half

N/A

N/A

N/A

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

If the international helper causes third-party casualties and even property loss within the accident, you may solely declare compensation from the third-party automotive insurance coverage. The international home helper insurance coverage doesn’t cowl third-party casualties attributable to 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 international home helper insurance coverage may be claimed as a result of he/she was injured on obligation.

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

The influence of COVID-19 on hiring international home helpers

Because of the raging COVID-19 pandemic, many helpers haven’t been capable of enter Hong Kong because of immigration or safety subjects. Employers can solely rent home helpers who’re already in Hong Kong and have at present 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, akin to having their very own room or complete insurance coverage safety.

Securing home helper insurance coverage with ample safety will help you discover your best-fit employee as quickly as doable. As an alternative of quoting from firm to firm your self, get a free plan comparability and neutral recommendation from a good insurance coverage dealer like Kwiksure right this moment!

Apart from home helper insurance coverage, Kwiksure additionally gives automotive insurance coverage (third-party and complete), bike insurance coverage, Voluntary Well being Insurance coverage Scheme (VHIS), and plenty of extra. Get a free quote now with our on-line citation software! For a free plan comparability and neutral recommendation, contact our group of insurance coverage advisors right this moment.



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