Tackling the labour abuse of foreign domestic helpers in Hong Kong: Legislation,
Education and Innovation
1.
Introduction
⚫
According to official statistics of the Hong Kong government, the foreign
domestic helpers comprised 10% of the local workforce in 2019. In the long run,
the numbers of FDHs will rise to 600,000 in the future. (Hong Kong Labour
Department, Employment Agencies Administration [HKLD],2021)
⚫
In 2014, the 'Erwiana incident' is the notorious cases of labour abuse in Hong
Kong. A young maid from Indonesian, Erwiana was physically violent for 8
months by her Hong Kong employer and work 21 hours per day. Although she
had sought help from employment agency, she did not obtain any help. Until she
was fired and return to Indonesian, her case was discovered. (Cummins,2016)
Thesis statement: As domestic helper plays an important role on our society, the
labour abuse problem should be addressed by implementing a new labour law to
safeguard their right, educating domestic helpers to protect themselves, and improving
the employment system.
2.
Problem:
Topic sentence: The phenomenon of labour abuse in FDHs has become common.
⚫
Proof: A survey interviewed 2017 numbers of FDHs, over 70% of them work
over 13 hours per day. And 4% of them has physically abused by employers.
(“Survey Findings on”,2019)
⚫
Proof: A recent report found that over 60% of domestic helpers have suffered
from unsuitable accommodation. It also exposed that 1 in every 50 domestic
helper forces to sleep in stock room, warehouse and even toilet, etc. (“between a
toilet”, 2020)
Cause 1: The excessive agencies fees resulting FDHs in financial difficulties which
forced them to work for paying off the debts.
⚫
The findings showed that over 56% of FDHs are charged by employment agency
illegally. And 2% of them said that their passport has been forfeited by agencies
until they paid the debt. (“Asian Migrant Centre report”,2018)
⚫
The reason why foreign maids keep silence to those unfair treatment is because
they do not want to lose their job. If they dismiss, they need to repatriate to their
hometown and apply a new contract again start from paying high agencies fee
which is a huge financial burden for them. (Chen, 2009)
Cause 2: The current policy cannot guarantee the benefits of FDHs.
⚫
Under the Standard Employment Contract, the employer should provide the
helper with suitable and furnished accommodation. Moreover, it required helpers
to make new contract in only two weeks if they lost their job (''employment
contract'',2016).
⚫
Because domestic helpers usually do not have their private room, peeping and
sexual harassment will be the underlying risks for them to face with. The
concrete point is all those FDHs have low income and debt problem. Therefore,
they would rather tolerate the abuse behaviors for securing their job than report
the abuser due to the ‘Two-week’ rule which is not enough time for them to get a
new employment (“Exploited for Profit”,2013).
3.
Consequences
⚫
The abuse on FDHs can lead to metal and physical health problem such as
depression and physical injury (Hegarty,2011).
⚫
The abusive problem affects the international image of Hong Kong. She labeled
as labour exploitation society in worldwide because of the ''Erwiana incident'',
America TIMES described that Indonesian Maids Are Hong Kong's “ModernDay Slaves” (Per Liljas,2014).
4.
Solution and Evaluation
Solution 1: Legislation
Topic sentence: Since the current policy cannot protect FDHs from
overcharging, the solution to combat illegal agencies is tighten the law.
⚫
The law can enhance the deterrent effect to those illegal agencies by
revoking the license if they receive extra fees, withholding of passports or
identification documents. (Hong Kong Labour department [HKLD] ,2017)
Evaluation 1:
⚫
The effectiveness of law is not notable. In 2012 to 2016, there were 166
prosecution that involved FDHs being subjected to violence by their
employers or family members of their employers. (''Protecting the rights of
foreign domestic helpers'', 2015) However, only 4 agencies have revoked
the license in 2013 to 2017. (“Action taken against employment
agencies”,2017)
Solution 2: Education
Topic sentence: As a foreign population, FDHs have difficulties on requesting
assistant such as language barriers. More education and support should be
offered for them to protect themselves.
⚫
According to the HK01, a new media in Hong Kong, it is suggested that
offering legal advice can help FDHs more understand their situation, if they
are under mistreatment they can seek for professional assistance in time. For
example, they should pay more attention on the law of agency fees in a bid
to avoid debt problem. (Wen,2019)
⚫
Also, the additional support such as a 24-hour telephone line with seven
mother-tongue interpretation services for FDHs is convenient for them to
make inquiries or complaints. (“Dedicated 24-hour hotline”, 2018)
Evaluation 2:
⚫
The work on educating FDHs is difficult to play the active role on abuse
cases. A survey showed that one third of the respondents felt that they could
not receive appropriate assistance, including non-response. (Wen,2019)
⚫
The Labour Department is closed on Sunday, which is the only day off of
FDHs, therefore it is difficult for them to contact or seek help from the
department. (“How to seek help”,n.d.)
Solution 3: Innovation
Topic sentence: The most supportive solution is an innovation on employment
system of FDHs because the 'two-week' and 'live-in' rules are unfair and
discriminatory for FDHs.
⚫
Scrap The 2-Week Rule can alleviate the stressful feeling of FDHs on finding
new job in short time. They can have enough time to find new job and no need to
worry about sending back to their hometown. Therefore, they will likely report
abusive situation with no burden. (“Migrants' Rights”,2017)
⚫
Abandon the 'live-in' rule and the flexible arrangements for FDH accommodation
can safeguard the privacy and right of FDHs. In the case of Erwiana, her abusive
situation might have been discovered earlier if she had lived with other foreign
domestic helpers. (“Migrants' Rights”,2017)
Evaluation3:
⚫
Other Asia countries like Japan does not recommend the “live-in” policy,
company will provide subsidies and hostel for FDHs to live outside in order to
protect their safety. However, unlike Japan and other countries, the housing
problem in Hong Kong is complicated. Not to mention the high rent of housing,
but also the inadequate housing supply for FDHs to live out. (LING,2017)
⚫
As the highest authority, The Hong Kong Government do not support this
solution. The statement of the Government is to retain the "live-in requirement"
and the relevant requirements in the Standard Employment Contract for FDHs.
(“Foreign domestic helpers’’,2014)
⚫
Thus, the innovation on employment system is hard to achieve stemming from
the complex housing problem and the efficiency of the government.
References
⚫
Between a Toilet Bowl and a Wall. (2020). Mission For Migrant workers.
https://drive.google.com/file/d/18O7LqZ0EqPDSgVtB4acinQvmHUS6WpSG/vi
ew
⚫
Chen, L. (2009). The two-week rule is a knife on a foreign domestic helper.
Justice &Peace Commission of the H.K Catholic Diocese.
http://hkjp.org/files/files/enews/jp200909_03.pdf
⚫
Cummins, A. (2016).b Interview: Erwiana Sulistyaningsih. Time Out Hong
Kong. https://www.timeout.com/hong-kong/blog/interview-erwianasulistyaningsih-052016
⚫
The Government of the Hong Kong Special Administrative Region. (2018).
Press Release : Dedicated 24-hour hotline set up for foreign domestic helpers.
https://www.info.gov.hk/gia/general/201812/19/P2018121700560.htm?fontSize=
1
⚫
Immigration Department. (2016). Employment Contract for a Domestic Helper
Recruited from Outside Hong Kong.
https://www.immd.gov.hk/hkt/forms/forms/id407.html
⚫
Hong Kong Labour department. (2017). Employment Agencies Administration.
https://www.labour.gov.hk/tc/service/content4_2.htm
⚫
How to seek help from Labour Department if employer and employee have a
dispute? (n.d.) Labour Department. Retrieved from
https://www.1823.gov.hk/en/faq/how-to-seek-help-from-labour-department-ifemployer-and-employee-have-a-dispute
⚫
EXPLOITED FOR PROFIT, FAILED BY GOVERNMENTS. (2013). Amnesty
International Hong Kong.
file:///C:/Users/user/Downloads/asa170292013en%20(1).pdf
⚫
Liljas, P. (2014). Beaten and Exploited, Indonesian Maids Are Hong Kong’s
‘Modern-Day Slaves’. TIME. Retrieved from
https://world.time.com/2014/01/15/beaten-and-exploited-indonesian-maids-arehong-kongs-modern-day-slaves/
⚫
LING,X. (2017). Social Issue. HK01.
https://www.hk01.com/%E7%A4%BE%E6%9C%83%E6%96%B0%E8%81%9
E/123244/%E5%A4%96%E5%82%AD%E4%BD%8F%E5%AE%BF%E9%99
%90%E5%88%B6-%E6%8B%86%E5%B1%80%E5%A4%96%E5%82%AD%E9%A0%88%E8%88%87%E5%83%B1%E4%B
8%BB%E5%90%8C%E4%BD%8F%E7%82%BA%E4%BD%95%E5%92%8C%E4%B8%80%E5%AE%B6%E8%
8A%B1%E5%BA%97%E6%9C%89%E9%97%9C
⚫
Wen, L. (2019). Social Issue.
HK01.https://www.hk01.com/%E7%A4%BE%E6%9C%83%E6%96%B0%E8%
81%9E/294215/7%E6%88%90%E5%A4%96%E5%82%AD%E6%AF%8F%E5
%A4%A9%E5%B7%A5%E4%BD%9C%E9%80%BE13%E5%B0%8F%E6%9
9%82-4%E6%9B%BE%E8%A2%AB%E5%83%B1%E4%B8%BB%E8%99%90%E6%
89%93%E8%AA%9E%E8%A8%80%E4%B8%8D%E9%80%9A%E6%B1%82%E5%
8A%A9%E9%9B%A3
⚫
Migrants' Rights. (2017). Amnesty International Hong Kong.
https://www.amnesty.org.hk/en/our-work/refugees-migrants-rights/migrantsrights/
⚫
New jobs of the Labour Department. (2021). Labour Department SLW’S Blog.
https://www.lwb.gov.hk/tc/blog/post_16052021.html
⚫
Hegarty. K, (2011). The Relationship Between Abuse and Depression.46(4),437444
https://doi.org/10.1016/j.cnur.2011.08.001.