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Foreign domestic helpers in Hong Kong

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Foreign domestic helpers meeting on their typical Sunday day of rest at Statue Square in Central.

Foreign domestic helpers or foreign domestic workers (Chinese: 外籍家庭傭工) in Hong Kong are domestic workers who work in Hong Kong but are from outside of Hong Kong. They make up approximately 3% of the population of Hong Kong and an overwhelming majority of them are women. In 2005, there were 223,394 foreign domestic helpers in the city; 53.11% were from the Philippines, 43.15% from Indonesia, and 2.05% from Thailand.[1] They live in their employers' places of residence and perform various household duties for their employers, such as cooking, cleaning, and child-minding.

Since October 2003, the employment of helpers is subject to Employees' Retraining levy totalling $9,600 for the duration of a two-year contract. There have been many repeated calls for the abolition of this widely-criticised levy. Controversy resulted from "official muddle and civil-service clumsiness" of a two-year waiver of the levy announced by Chief Executive Donald Tsang on 16 July 2008. The administrative errors were denounced by the newspaper editorials of all allegiances.[2]

Common terms

In everyday Cantonese speech in Hong Kong, the term fei yung (菲傭) refers to foreign domestic helpers. This term literally translates as "Filipino servant" or "Filipino employee". While fei yung is considered politically correct, the derogatory slang term bun mui (賓妹) is also used.[3] This derogatory term loosely translates as "Filipino girl" or "Filipino maid". Both terms refer to Filipinas because when the term was coined, most foreign domestic helpers came from the Philippines.

In Chinese-language government documentation, foreign domestic helpers are referred to as "家庭傭工, translated as "domestic workers", that are either "foreign" or "recruited from abroad", as in 外籍家庭傭工[4] or 外地區聘用家庭傭工,[5] respectively. The government uses wording with the same meanings in English-language documentation, but it specifically uses the term "domestic helper" instead of "domestic worker".[6][7]

History

Faced with a poor performing economy in the Philippines in the 1970s, the administration of Ferdinand Marcos implemented the Labor Code of 1974, beginning the Philippines' export of labour in the form of Overseas Filipino Workers. The Philippine government promoted and encouraged labour export as a way to solve the problem of rising unemployment rates and to fund the government's finances with overseas workers' remittances home.[8] In the few following years, the economy of the Philippines became increasingly dependent on labour export, and in 1978, recruiting agencies for labour export were privatised, making it a cornerstone of the Philippine national development strategy.[9]

This trend of increasing labour export in the Philippines was to coincide with the economic rise of Hong Kong in the late 1970s and early 1980s. When the People's Republic of China implemented wide-reaching economic reforms in the late 1970s and initiated trade with other countries,[10] Hong Kong became mainland China's biggest investor.[11][dead link] Labour intensive industries in Hong Kong moved to the mainland, and high profit service industries such as design, marketing, and finance in the city expanded dramatically. To deal with the resulting labour shortage and increase in labour costs, the female labour force was mobilised. Consequently, families with both working husbands and working wives sought help to manage their households, and this created a demand for domestic workers. Hong Kong families began hiring foreign domestic helpers from the Philippines, with the number of them hired steadily increasing through the 1980s and the 1990s.[11]

Until the 1990s, foreign domestic helpers had mostly came from the Philippines. Since then, they also come from other countries, notably Indonesia and Thailand. In the 1990s, Indonesia and Thailand followed the Philippines' model of labour export in order to deal with an increasing economic crisis, and Hong Kong families began hiring foreign domestic helpers from these two countries as well.[11]

Employment regulations

A sample of the first page of a standard employment contract for a foreign domestic helper.

The Hong Kong government has drawn up rules and regulations specifically regarding the employment, labour, and condition of stay of foreign domestic helpers. An employer and an employee are required to enter into a contract specifically for the employment of foreign domestic helpers,[7] with a standard contract effective for a term of two years. A few notable regulations regarding the employment of foreign domestic helpers include:[12]

  • An employer must have a household income of at least HK$15,000 per month for each foreign domestic helper he or she employs. He or she must also pay a levy of HK$9,600 for employing a foreign domestic helper.[12]
  • A foreign domestic helper is required to only perform the domestic duties outlined in the employment contract. She is also not allowed or required to take up any other employment with any other employer during the effective period of the employment contract.[12]
  • An employer is to provide free medical treatment for the foreign domestic helper, and to pay her a monthly salary of no less than the amount of minimum allowable wage set by the government.
  • A foreign domestic helper is to work and live in the employer's place of residence, and she is to be provided with suitable living accommodation with reasonable privacy.[12]
  • A foreign domestic helper is entitled to one rest day every week, with the rest day being a continuous period of not less than 24 hours.[12]

Minimum allowable wage

Foreign domestic helpers' wages are subject to a statutory minimum, the breach of which is sanctionable under the Employment Ordinance. An employer convicted of paying below the "minimum allowable wage" is liable to a maximum fine of $350,000 and three years' imprisonment.[13]

Helpers' minimum wages are inflation-adjusted annually. Notably, they were reduced by $190 (5%) in 1999.[14] Again in April 2003, in a deflationary environment, the Government announced a $400 reduction in pay, to $3,270, "due to the steady drop in a basket of economic indicators since 1999."[15]

The statutory minimum wage was raised by $80 to HK$3,480 per month for contracts signed on or after 6 June 2007.[16] Another $100 cost of living adjustment took effect for all employment contracts signed on or after July 10, 2008, increasing the minimum wage to $3,580 per month.[13]

Employees' Retraining levy

In October 2003, the Hong Kong government imposed a HK$400 monthly Employees' Retraining levy for hiring a foreign domestic helper under the Employees Retraining Ordinance when the economy was in a recession. The levy was initiated by the Liberal Party in 2002 as one means of tackling the fiscal deficit.[17] It was unveiled by Donald Tsang while he was Chief Secretary for Administration as part of population policy.[18] Tsang declared on one hand that foreign and local domestic workers were two distinct markets, yet he declared that "employers of foreign domestic helpers should play a role in helping Hong Kong in... upgrading the local workforce."[19] The measure was expected to bring in $150 million annually into government coffers. Government Policy Support & Strategic Planning said the levy would be used for the training and retraining of the local workforce, to enhance their employment opportunities.[15] Earlier that year, the minimum wage for foreign domestic helpers was lowered by the same amount, although the government said the reduction in the minimum wage and imposition of the levy at the same time were "unrelated".[15] Lawyers representing the government said that the moves were an "unfortunate coincidence".[17] The measure was expected to bring in $150 million annually into government coffers. Government Policy Support & Strategic Planning said the levy would be used for the training and retraining of the local workforce, to enhance their employment opportunities.[15]

Thousands of helpers protested against measures, who feared the financial burden would be passed on to helpers.[14] The government defended the measures as necessary to adjust to Hong Kong's economic woes, and stated that even with the measures, foreign domestic helpers in Hong Kong were still better paid than foreign domestic helpers working in other Asian countries. James Tien said the monthly wage of Filipina maids in Singapore was about HK$1,400, in Malaysia it was HK$1,130.[17]

In January 2005, High Court Justice Michael Hartmann dismissed a legal challenge that the levy imposed on employers was unlawful and constituted a discriminatory tax. He ruled that since the levy was instituted under a statutory scheme, it was not a tax but a fee charged for the privilege of employing non-local workers who would not otherwise have permission to work in Hong Kong.[20] In 2007, the Liberal Party urged the government to abolish the employees retraining levy as a part of its District Councils election platform, saying that the $3.26 billion fund should be used as originally intended: in other words, to train and retrain employees.[21]

In August 2008, regular SCMP columnist Chris Yeung noted that the case for retaining the levy over the years has become increasingly weak morally and financially: "Middle class people feel a sense of injustice about the levy."[2]

Waiver controversy

As part of the "extraordinary measures for extraordinary times"[2] totalling HK$11 billion announced by Donald Tsang on 16 July 2008, the levy would be temporarily waived,[22] at an estimated cost of $HK2 billion.[2] It was announced that the levy would be waived for a two-year period on all helpers' employment contracts signed on or after 1 September 2008, and would not apply to ongoing contracts. The Immigration Department said it would not reimburse levies, which are prepaid half-yearly. The announcement resulted in chaos and confusion, and uncertainty for the helpers.[23]

Chris Yeung said that the exemption was a "gimmick dressed up as an economic relief initiative, designed to boost the administration's popularity"[2] in advance of Tsang's forthcoming policy address, in October.[19] Maids' representatives said that when the waiver was announced, the guidelines were unclear and had no implementation date. Employers deferred contracts or had dismissed helpers pending confirmation of the effective date, leaving helpers in limbo. They protested about the uncertainty, and also demanded an increase in their minimum wage to $4,000.[24] Employers had reportedly started terminating their helpers' contracts, sparking fears of mass-terminations. On 20 July, Secretary for Labour and Welfare Matthew Cheung announced the waiver commencement date would be brought forward by one month. The Immigration Department had also temporary relaxed its 14-day re-employment requirement for helpers whose contracts expired.[25]

On 30 July, the Executive Council approved the suspension of the levy for two years from 1 August 2008 to 31 July 2010. After widespread criticism of the situation, the government said maids having advanced renewal of contract would not be required to leave Hong Kong through the discretion exercised by the Director of Immigration, and employers would benefit from the waiver simply by renewing the contract within the two-year period. The government also admitted that some employers could benefit from the waiver for up to 4 years.[26] This effect of turning a 2 year moratorium into 4 year suspension potentially doubles the estimated give-away, and was denounced by the newspaper editorials of all allegiances.[2] The levy was criticised as "farcical" in an editorial in the South China Morning Post.[27] Stephen Vines wrote that "the plan for a two-year suspension of the levy... provides an almost perfect example of government dysfunction and arrogance,"[28] while Albert Cheng said the controversy exposed "worst side of our government bureaucracy"[29] Columnist Frank Ching criticised senior officials for living in their ivory towers, and said that there would have been no disruption had the government suspended payment immediately and refunding those who had prepaid.[19]

On the morning of 1 August, the Immigration Department gave out 2,180 passes to helpers and agents to collect their visas and submit applications to work in Hong Kong, and undertook to handle all applications submitted. To meet the rush, the Immigration Department opened at one hour earlier than usual, added staff and extended its office hours, to guarantee all 2,180 cases would be processed.[30] Similarly, the Philippine consulate expected to cope with a huge workload as a result of the rehiring provisions.[31]

Grievances

Foreign domestic helpers and their supporters, including activists and employers alike, periodically stage protests about what they view as discriminatory treatment by the Hong Kong government. Major grievances include discrimination, minimum wage, and the two-week stay limit at the end of their employment contracts.[32][dead link] According to the Hong Kong Human Rights Monitor (HKHRM), foreign domestic helpers face discrimination from both the Hong Kong government and their employers.[33]

Immigration Ordinance

See also: Right of abode issue, Hong Kong

The government requires a foreign domestic helper to leave Hong Kong within two weeks of the termination of her employment contract unless she finds employment with another employer.[12] The HKHRM claimed that this is a form of discrimination against foreign domestic helpers, who are almost all Southeast Asian, as the same limitation is not enforced for other foreign workers.[33]

Under the Immigration Ordinance, a foreigner may be eligible to apply for permanent residency after having "ordinarily resided" in Hong Kong for seven continuous years.[34] However, the definition of "ordinary residency" excludes, amongst other groups, those who had resided in the city as foreign domestic helpers,[35] thus effectively denying them the rights of permanent residents, including the right to vote, even if they had resided in Hong Kong for many years.[33]

Abuse by employers

The possibility of deportation may prevent foreign domestic helpers from reporting violations of their rights or instances of discrimination against them, and the two-week period may not be enough time for them to find new employment.[33] The HKHRM also reports that helpers had been mistreated by their employers: out of 2,500 interviewed, at least 25% had claimed to have experienced violations of their contract, including being paid under the minimum allowable wage amount, not being allowed their mandatory weekly day of rest, and not being allowed to take their statutory holidays. Also, more than 25% had experienced physical and verbal abuse, including a "significant incidence" of sexual abuses.[33]

Philippine government policy

Filipino foreign domestic helpers have also protested against policies of the Philippine government that targeted Overseas Filipino Workers. In particular, one protest in 1982 was held in opposition of Executive Order No. 857 (EO-857), implemented by then-President of the Philippines, Ferdinand Marcos. EO-857 stipulated that overseas contract workers must remit 50% to 70% of their total earnings, and remittances were only allowed to be transferred through authorised government channels.[36]

As recently as February 2007, Filipino foreign domestic helpers have protested against a proposal by the Philippine government that they be required to undergo a "competency training and assessment program" that would cost them P10,000 to P15,000 (US$215 to $320), whereas their monthly salary is typically about US$450. The Philippine Department of Labor and Employment defended the proposal, stating that the policy would help protect domestic overseas workers from abuse by their employers.[37]

See also

Template:Portal Hong Kong

References

  1. ^ "Entry of Foreign Domestic Helpers" (PDF). Hong Kong SAR Government Information Centre. 2006. Retrieved 2007-03-18. {{cite web}}: Unknown parameter |month= ignored (help)
  2. ^ a b c d e f Chris Yeung (August 3, 2008). "HK needs better leadership, Mr Tsang". South China Morning Post. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help); Unknown parameter |Pages= ignored (|pages= suggested) (help)
  3. ^ Catherine W. Ng (2001). "Is there a need for race discrimination legislation in Hong Kong?" (PDF). Centre for Social Policy Studies, PolyU. pp. 24–26. Retrieved 2007-03-18. {{cite web}}: Unknown parameter |month= ignored (help)
  4. ^ "輸入勞工: 外籍家庭傭工" (in Traditional Chinese). Labour Department of HKSAR. 2007-01-05. Retrieved 2007-03-18. {{cite web}}: Check date values in: |date= (help)
  5. ^ "從香港以外地區聘用家庭傭工的僱傭合約" (in Traditional Chinese). Immigration Department of HKSAR. February 14, 2007. Retrieved 2007-03-18.
  6. ^ "Importation of Labour: Foreign Domestic Helpers". Labour Department of HKSAR. June 5, 2007. Retrieved 2007-06-26.
  7. ^ a b "Employment Contract for a Domestic Helper Recruited from Outside Hong Kong". Immigration Department of HKSAR. February 14, 2007. Retrieved 2007-03-18.
  8. ^ Odine de Guzman (2003). "Overseas Filipino Workers, Labor Circulation in Southeast Asia, and the (Mis)management of Overseas Migration Programs". Kyoto Review of Southeast Asia (No 4). Retrieved 2007-03-18. {{cite journal}}: |issue= has extra text (help); Unknown parameter |month= ignored (help)
  9. ^ Vivienne Wee, Amy Sim (2003). "Transnational labour networks in female labour migration: mediating between Southeast Asian women workers and international labour markets" (PDF). City University of Hong Kong. Retrieved 2007-03-18. {{cite web}}: Unknown parameter |month= ignored (help)
  10. ^ Vicky Hu (2005). "The Chinese Economic Reform and Chinese Entrepreneurship" (PDF). Retrieved 2007-03-18. {{cite web}}: Unknown parameter |month= ignored (help)
  11. ^ a b c Neetu Sakhrani (2002). "A Relationship Denied: Foreign Domestic Helpers and Human Rights in Hong Kong". Civic Exchange. {{cite journal}}: |format= requires |url= (help); Cite journal requires |journal= (help); Unknown parameter |month= ignored (help)
  12. ^ a b c d e f "Quick Guide for the Employment of Domestic Helpers from Abroad (ID 989)". Immigration Department of HKSAR. revised April 25, 2008. Retrieved 2007-03-18. {{cite web}}: Check date values in: |date= (help)
  13. ^ a b "Minimum wage increased for foreign domestic helpers" (Press release). Hong Kong Government. July 9, 2008. Retrieved 2008-08-01.
  14. ^ a b "HK maids march against pay cuts". BBC News. February 23, 2003. Retrieved 2007-03-18.
  15. ^ a b c d "Foreign domestic helper levy in effect from Oct" (Press release). Hong Kong Government. August 29, 2003. Retrieved 2008-08-01.
  16. ^ "Adjustment of minimum allowable wage for foreign domestic helpers" (Press release). Hong Kong Government. June 5, 2007. Retrieved 2008-08-01.
  17. ^ a b c Daniel Hilken (September 08, 2004). "Challenge to pay cuts". The Standard. Retrieved 2008-08-01. {{cite web}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  18. ^ "Population policy - Donald Tsang unveils population report" (Press release). February 26, 2003. Retrieved 2008-08-05.
  19. ^ a b c Frank Ching (July 26, 2008). "Walking smack into the maid levy fiasco". "Observer", South China Morning Post. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  20. ^ Jonathan Li & Sylvia Hui (January 05, 2005). "Wage cut for maids ruled lawful". The Standard. Retrieved 2008-08-01. {{cite web}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  21. ^ Staff reporter (October 08, 2007). "Liberal Party to field 60 in district polls". The Standard. Retrieved 2008-08-01. {{cite web}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  22. ^ Bonnie Chen (July 17, 2008). "$11b on table to ease inflation pain". The Standard. Retrieved 2008-08-01. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
  23. ^ Beatrice Siu (July 18, 2008). "Waiver leaves maids in limbo". The Standard. Retrieved 2008-07-31. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
  24. ^ Beatrice Siu (July 21, 2008). "New hope for maids". The Standard. Retrieved 2008-07-31. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
  25. ^ Bonnie Chen & Beatrice Siu (July 31, 2008). "Maids can stay put". The Standard. Retrieved 2008-07-31. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
  26. ^ Editorial (July 31, 2008). "Time to end farcical levy on domestic helpers". South China Morning Post. pp. A14. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  27. ^ op-ed: Stephen Vines (July 25, 2008). "Tsang shows again how to rule with a ham fist". South China Morning Post. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  28. ^ op-ed: Albert Cheng (July 26, 2008). "The levy has burst". South China Morning Post. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  29. ^ Staff reporter (August 1, 2008). "Immigration Department gives out 2,180 passes". The Standard. Retrieved 2008-08-01. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
  30. ^ Eva Wu & Mary Ann Benitez (August 4, 2008). "Regina Ip takes flak over Article 23 role". South China Morning Post. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  31. ^ "Hundreds of maids march in HK for better rules". The China Post. November 13, 2006. Retrieved 2007-03-18.
  32. ^ a b c d e "Shadow Report to the United Nations Committee on the Elimination of Racial Discrimination Regarding the Report of the Hong Kong Special Administrative Region of the People's Republic of China" (RTF). Hong Kong Human Rights Monitor. 2001. Retrieved 2007-03-18. {{cite web}}: Unknown parameter |month= ignored (help)
  33. ^ "Topical Issues: Who can enjoy the Right of Abode in the HKSAR?". Immigration Department of HKSAR. February 14, 2007. Retrieved 2007-03-18.
  34. ^ "Topical Issues: Right of Abode and other related terms". Immigration Department of HKSAR. February 14, 2007. Retrieved 2007-03-18.
  35. ^ "A Primer for the United Filipinos in Hong Kong (UNIFIL-HK)". United Filipinos in Hong Kong (UNIFIL-HK). Retrieved 2007-03-18.
  36. ^ "HK maids protest new Philippine labor law". The Manila Times. February 5, 2007. Retrieved 2007-03-18.
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