外傭保險冇買勞保有咩後果？違例最高罰款 10 萬元及監禁 2 年

The one-line answer: how serious is it?

According to the Labour Department's official guidance: an employer who fails to take out employees' compensation (EC) insurance for a helper commits an offence — on conviction, punishable by a fine of up to HK$100,000 and 2 years' imprisonment.

And here is the more practical point: no insurance does not mean no liability. Part IV of the Employees' Compensation Ordinance (Cap. 282) requires every employer — including employers of foreign domestic helpers — to insure against their liability for work-related injuries. A policy merely transfers that liability; without one, the statutory compensation obligation remains and the employer pays out of pocket.

Five consequences, one by one

1. Prosecution: the Labour Department can prosecute non-insured employers — up to a HK$100,000 fine and 2 years' imprisonment per offence.
2. Out-of-pocket compensation: if the helper is injured in the course of employment, the employer must pay the statutory compensation under the Ordinance (periodical payments, medical expenses and so on). Without a policy to pay it, the cost — potentially far exceeding a year's premium — comes directly from the employer.
3. The free-medical-care duty remains: the Standard Employment Contract requires employers to provide free medical treatment for helpers — a duty that is not limited to work injuries; non-work-related illness care is also the employer's responsibility, as confirmed in the Government's official LegCo reply (November 2017).
4. Employment-compliance risk: the Immigration Department's Standard Employment Contract terms expressly require EC insurance under the law — without a valid policy, the employment arrangement itself sits in a non-compliant state.
5. Checks happen: the Labour Department can inspect, and any claim will trigger verification of the policy — this is not a "nobody will know" low-risk act.

EC insurance vs helper insurance: both layers in one

A common misconception is that "a helper policy equals EC insurance" — before buying, check both layers:

• Statutory layer (EC insurance): covers statutory compensation for work-related injuries only — the legal baseline for every employer;
• Welfare layer (comprehensive helper insurance): hospitalisation and surgical cover, personal accident, repatriation expenses, fidelity protection and more — generally also covering non-work-related illness, precisely the gap EC insurance leaves (the ImmD contract terms note that EC insurance generally does not cover accidents or illnesses arising out of non-employment).

When buying, check three things: the policy expressly lists employees' compensation cover, the term spans the whole contract period, and the insured entity matches the employment contract.

Sources and disclaimer

Compiled from the Labour Department's Practical Guide for Employing Foreign Domestic Helpers and its EC-insurance leaflet, the Immigration Department's Standard Employment Contract terms, and the Government's official LegCo reply (November 2017: employers must provide free medical care for helpers). For general information and education only, not legal advice; penalties and liabilities follow the Employees' Compensation Ordinance and official announcements. To compare compliant, comprehensive helper cover, contact our licensed team (IA Licence FB1514).