Efforts to safeguard foreign domestic helpers' rights
stepped up (with photos)
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    The Government is committed to safeguarding the rights and benefits of foreign domestic helpers (FDHs) in Hong Kong. To this end, it will foster closer collaboration and co-operation with FDH groups and non-government organisations (NGOs) on all fronts.
 
     The Permanent Secretary for Economic Development and Labour, Mr Matthew Cheung Kin-chung, said today (September 22) while chairing a roundtable meeting attended by representatives from 25 FDH unions and NGOs, the Labour Department and Immigration Department.

     "We will foster closer ties on three levels: Hong Kong Special Administrative Region Government (HKSARG) and governments of FDH exporting countries; HKSARG and NGOs; and HKSARG and FDHs direct," he said.

     "First, we have built up a close liaison with the Philippine and Indonesian Consulates, as the Philippines and Indonesia are the two major FDH-exporting countries in Hong Kong.

     "A team of HKSARG officials comprising officers of the Labour Department and Immigration Department was sent to Indonesia a week ago to organise pre-departure workshops for FDHs and to brief them on employment and immigration matters as required by the authorities. The workshop was video-taped and would be played at pre-departure seminars/workshops in future. Another delegation is expected to visit the Philippines to organise similar activities next month," Mr Cheung said.

     "Today's meeting, bringing together the largest number of FDH groups, is an important forum in stepping up the two-way flow of information. We will leave no stone unturned in protecting the rights and benefits of FDHs by stepping up prosecution, enforcement and publicity efforts," he said.

     "The Labour Department takes a very serious view of wage underpayment and employers' failure to grant rest days and holidays. We do not, and will not, tolerate any abuse. We will investigate promptly any complaints lodged by FDHs directly or by FDH groups and NGOs.

     "The success of prosecution action against offending employers and employment agencies often hinges on the readiness of the aggrieved FDH in acting as a prosecution witness. Unfortunately, many aggrieved FDHs are not willing to come forward as witnesses once their civil claims have been settled.

     "To address this, we will, as a matter of policy, provide passage and accommodation to bring back FDHs who have returned to their home countries as key prosecution witnesses where circumstances warrant, especially in cases involving wage offences. This demonstrates our determination to bring errant employers to justice," he said.

     Last year, the Labour Department brought back to Hong Kong an Indonesian domestic helper who had already returned to Indonesia to serve as a prosecution witness in a wage underpayment case. The employer was fined a total of $44,000, in addition to the compensation for the underpaid wages (some $50,000) already awarded to the FDH through an earlier civil claim.

     In the first eight months of this year, the Labour Department secured 35 convicted summonses against employers of FDHs for breaches of the Employment Ordinance. This exceeds the total number of convicted summonses of 33 for the entire 2004 and 29 for 2003.  

     Mr Cheung said that the department would also seek to amend the Employment Ordinance shortly to raise the maximum penalty for wage offences from the current fine of $200,000 and imprisonment for one year to a fine of $350,000 and imprisonment for three years.

     He urged FDHs who are deprived of their rights and benefits by their employers to approach the department's Labour Relations Division offices for assistance.

     In the first eight months of this year, the department handled 1,295 claims involving FDHs, down 17% over the same period last year.

     On employment agencies, Mr Cheung said: "We take a very serious view on overcharging and other malpractices of local agencies and will spare no effort in clamping down on offenders.กจ
 
     "We conduct regular inspections to ensure that they comply with the law and will not hesitate to investigate any complaints and institute prosecution if there is sufficient evidence. NGOs/FDH groups are most welcome to refer relevant cases to us by calling our Employment Agencies Administration's hotline on 2852 3535," he continued.

     In the first eight months of this year, two EAs had their licences revoked due to overcharging of commission or breach of the Immigration Ordinance in the placement of FDHs. Last year, the department revoked two licences and refused to issue two licenses.  

     To step up publicity, Mr Cheung said the Labour Department would stage an "Information Expo for Foreign Domestic Helpers" on October 2 and 9 (both Sundays) at Victoria Park and Statue Square respectively. The event aims to reach out to the FDH community and raise their awareness of their rights and the channels for addressing their complaints.

     There will be information panels on display in English, Tagalog and Indonesian highlighting key employment rights and benefits of FDHs, including the minimum allowable wage, statutory holidays, rest days, as well as obligations and important notes for their employment in Hong Kong. The newly-produced publicity video on FDHs' rights in English, Tagalog, Indonesian and Thai will also be screened.

     Publications and souvenirs with useful telephone numbers will be distributed at the Information Expo. Officers of the Labour Department and the Immigration Department will handle enquiries on the spot.

     At present, there are 222,500 FDHs in Hong Kong. Of these, 118,400 (53%) are from the Philippines and 95,700 (43%) from Indonesia. The rest come from from other countries such as Thailand, India, Sri Lanka, Nepal and Pakistan.

Ends/Thursday, September 22, 2005
Issued at HKT 16:29

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