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.
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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
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
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
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