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LCQ10: Employers to provide free medical treatment to foreign domestic helpers
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     Following is a question by the Hon Miriam Lau and a written reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (February 11):

Question :

     Employers of foreign domestic helpers (FDHs) must sign a standard employment contract specified by the Immigration Department (ID) with their FDHs before ID issues employment visas to the FDHs concerned.  Clause 9(a) of the standard employment contract stipulates that in the event that the FDH is ill or suffers personal injury during the period of employment, regardless of whether such illness or injury is caused by the employment, the employer shall provide free medical treatment to the FDH.  In this connection, will the Government inform this Council:

(a) whether there is an upper limit on the amount of medical expenses to be borne by the employers under the aforesaid clause; if not, of the justifications for not setting an upper limit;

(b) what criminal and civil liabilities are to be borne by employers for failure to pay the medical expenses for their FDHs; and

(c) whether it has, through requiring the employers to sign a standard employment contract or other means, stipulated that employers of other categories of imported employees shall provide free medical treatment to the employees concerned; if so, of the details; if not, the reasons for that?

Reply :

President,

(a) According to clause 9(a) of the "Employment Contract (for a domestic helper recruited from abroad)" (the standard employment contract), in the event that a foreign domestic helper (FDH) is ill or suffers from personal injury during the period of employment, except for the period during which the FDH leaves Hong Kong of his/her own volition and for his/her own personal purposes, the employer shall provide free medical treatment to the FDH.  Free medical treatment includes medical consultation, maintenance in hospital and emergency dental treatment.  The FDH shall accept medical treatment by any registered medical practitioner as provided by the employer.  

     The standard employment contract does not set a specified amount for the said free medical treatment.  It is an employer's decision, in meeting the needs and circumstances of the family, to employ FDH(s) to take care of household chores and provide other relevant household services.  Thus, FDH employers have the responsibility to fully settle the costs incurred by their FDH(s) for using public medical services (Note 1) as a result of sickness and injuries during employment (except for the period during which the FDH leaves Hong Kong of his/her own volition and for his/her own personal purposes), without necessitating the use of public money to pay for the outstanding costs.

     To minimise unexpected costs arising from medical expenses incurred by their FDHs who are ill or suffer from personal injury, FDH employers are encouraged to take out suitable medical insurance to help defray the costs.  

(b) Currently, FDH employers who have failed to settle the medical costs incurred by their FDH(s) would not be subject to criminal liability.  However, if an employer does not reimburse the relevant costs to his/her FDH, the FDH may lodge a civil claim against the employer for breach of contract, or may approach the Labour Department (LD) for assistance.  The Labour Relations Division (LRD) of LD provides free consultation and conciliation services to FDHs and their employers to assist both parties to understand their respective employment entitlements and obligations.  Where circumstances warrant, LRD would conduct conciliation for claims under the standard employment contract and/or the Employment Ordinance (Cap 57).  If settlement cannot be reached, LD would, upon the request of the claimant, refer the case, as appropriate, depending on the amount of claim at stake, to the Minor Employment Claims Adjudication Board (for claims not exceeding $8,000) or the Labour Tribunal (for claims exceeding $8,000) for civil adjudication.

     In addition, if an employer has breached the standard employment contract, including clause 9(a) concerning the provision of free medical treatment, he/she would normally be considered not eligible for employing an FDH for a period of time in future (Note 2).

(c) Apart from FDHs, the Administration also requires employers of imported workers at technician level or below admitted through the Supplementary Labour Scheme (SLS) to sign a specified "Employment Contract (for an employee recruited from outside Hong Kong under the SLS)" (the standard employment contract for SLS) with their imported workers.  Paragraph 16(a) of this standard employment contract for SLS stipulates that in the event that the employee is ill or suffers from personal injury during the period of employment, except for the period during which the employee leaves Hong Kong of his/her own volition and for his/her own personal purposes, the employer shall provide free medical treatment to the employee.  Free medical treatment includes medical consultation, maintenance in hospital and emergency dental treatment.  The employee shall accept medical treatment by any registered medical practitioner as provided by the employer.

     This same requirement on the employers for providing free medical treatment to workers imported under the SLS is based on the same policy consideration described in paragraph (a) above, i.e. if the employers have chosen to import workers, they have to ensure that no public money should be expended for the workers' medical treatments.

Note 1: According to the Hospital Authority, FDHs, who are holders of Hong Kong Identity Card issued under the Registration of Persons Ordinance (Cap 177), are considered "Eligible Persons".  When they use public medical services, they are only required to pay the same fees and charges as local residents.

Note 2: As specified in paragraph 5 of the "Guidebook for the Employment of Domestic Helpers from Abroad (ID969)" issued by the Immigration Department.

Ends/Wednesday, February 11, 2009
Issued at HKT 11:32

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