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Living And Working In Hong Kong

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Rachel Wright lived and worked in Hong Kong for many years, and has also enjoyed living and working in Beijing. She has written on education and social issues for the South China Morning Post.

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EMPLOYMENT CONTRACTS

Most expats employed in Hong Kong are on full-time contracts. The simple reason for this is that living in Hong Kong is not otherwise an economically viable proposition unless, of course, you have family or friends here. That said, it is entirely possible to juggle several part-time jobs to make a decent income, which is commonly the case with English teachers.

Overseas contracts

If you are coming to Hong Kong via a company internal transfer or are being employed from abroad, it is definitely worth taking financial advice and consulting an accountant or lawyer over your contract structure, particularly with regard to tax. It is usually beneficial to have employers meet all ancillary costs rather than pay cash equivalents. For example, if your moving expenses are paid for by the employer, this avoids the same sum included in the employee’s pay packet being liable to salary tax. Contracts also commonly include substantial private health cover including dental insurance, membership to private sports clubs, bonuses or an end-of-service gratuity. Although extravagant expat packages still exist, companies are increasingly keeping costs down by proposing basic remuneration plus bonus.

Time-in, time-out

If your job involves extensive business travel, then you may be able to claim time apportionment of income for your work inside and outside Hong Kong, so that you are only taxed for the time when you are actually in the city – that is, only the portion of income related to services performed in Hong Kong is taxable. In this case:

  • the employer must be incorporated outside Hong Kong;
  • the employment contract must be negotiated, signed and executed outside Hong Kong, and must not be governed by Hong Kong law unless you can provide a reason for it; and
  • the employee must have regional responsibility.

Rental reimbursement

Housing receives specialized treatment from the tax authorities in Hong Kong. According to Fergus Tong of US Asia Tax (www.usasiatax.com; tel.2851 8049):

Usually it is beneficial to separate out part of your remuneration as housing allowance on your employment contract, even if your employer is not paying a separate housing allowance. That way, you will normally be charged a lower taxable income rather than the entire housing allowance, provided that you actually spend the money on rental and you enter into an official lease agreement with a landlord.

A steady increase in the cost of high-end rentals ($70,000–100,000 per month) over the past few years has impacted on the value of housing packages.

Other items

Children’s education allowance is taxable, as is home leave passage.

Local contracts

Expats who pitch up in Hong Kong to look for work, or who switch jobs locally, are unlikely to be employed on an overseas contract but may be offered a ‘local contract’. Civil service contracts, including those for teachers, are usually offered on a fixed-term basis for two years with the option to renew. Companies operate on a month-by-month basis. Besides offering a salary, local contracts may also offer accommodation and education allowances.

A concise guide to legal aspects of a local contract as stipulated by the Employment Ordinance can be found at www.lrpu.labour.gov.hk/publicat/guide/index-e.htm. Hong Kong-specific items include:

  • Extra payments. A contract should specify any end-of-year payments – a ‘thirteenth month’ discretionary payment is common in Hong Kong at Christmas or Chinese New Year – or end-of-contract gratuities, common in civil service/teaching contracts.
  • Public holidays. Employees are entitled to 17 public holidays.
  • Annual leave. An employee having been employed under a continuous contract for not less than three months is entitled to holiday pay. Annual leave varies – the statutory minimum for 12 months’ continuous work is 7 days, and 15 days or less is common.
  • Maternity leave and pay. Companies are bound to provide 10 weeks’ maternity leave for employees who have been in continuous employment for 40 weeks immediately before the commencement of maternity leave. Leave pay is four-fifths of the employee’s normal wages.

In Hong Kong, it is common to work from Monday to Friday and a half day on Saturday. There is no minimum wage, except for foreign domestic helpers – see Chapter Eight, ‘Having and Raising Children’.

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