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The former employer of a foreign domestic helper (FDH) was convicted today (February 10) in a District Court of 11 charges regarding non-payment of wages, non-grant of statutory holidays and rest days, as well as failure to take out employees' compensation insurance policy. The case was adjourned for sentencing on February 27. The court ordered the employer to clear the outstanding wages, amounting to around $28,800, to the helper concerned within 28 days under section 65 of the Employment Ordinance.
The Labour Department welcomes the judgement and will continue to safeguard the statutory rights and benefits of employees, including those of FDHs, and will spare no efforts in prosecuting employers who defy the law. The judgement also disseminates a strong message to all employers that they are obliged under the Employment Ordinance to effect payment of wages and grant statutory holidays and rest days to their employees, as well as to take out an employees' compensation insurance policy under the Employees' Compensation Ordinance.
"The Government attaches great importance to protecting employees' rights and benefits, including those of FDHs. All FDHs enjoy the same rights and benefits as local workers under the Employment Ordinance. In addition, FDHs are further protected by a Standard Employment Contract prescribed by the Government where they enjoy benefits like the minimum allowable wage, free accommodation, free medical treatment, free return passages between Hong Kong and their places of domicile, and others," a spokesman for the Labour Department said.
"If employees, including FDHs, suspect that they have been deprived of statutory or contractual employment rights and benefits, they should promptly report to the Labour Department, assist in investigation and give evidence to protect their interests. The Labour Department will not tolerate unlawful acts of employers and will take stringent enforcement and prosecution actions against employers who fail to comply with the labour law.
"To enhance the awareness of FDHs and employers of their respective rights and obligations, the Labour Department has stepped up publicity and promotional efforts since last year, with emphasis on inculcating in FDHs the ways to deal with situations on intrusion of personal safety as well as to seek redress from Government channels. Furthermore, the Labour Department has also strengthened collaboration with Consulates-General of major FDH-exporting countries in Hong Kong. We have been joining the briefings for newly-arrived FDHs and cultural events organised by these Consulates-General from time to time, and have established a regular liaison mechanism with them for information sharing and co-ordination of relevant educational and publicity activities," the spokesman added.
Ends/Tuesday, February 10, 2015
Issued at HKT 18:02
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