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Action must be taken to curb exploitation of domestic helpers

It has come to my notice, through work with the group Christian Action, that certain wrongs are occurring that should be addressed regarding foreign domestic helpers. The helpers most at risk are from Indonesia and South Asia. Those from the Philippines seem to have, over the years, perhaps because of their English skills and less dependence on agents, become more aware of their rights.

Helpers from rural Indonesia often have no proper idea of the minimum wage and they form the majority of the criminally underpaid. They are also often used illegally by their employers to work outside their stipulated domestic place of work, such as at hawker stalls, and in shops and offices. Many seem little better than bonded serfs.

I find it disturbing that, in many cases, it is the helper who is prosecuted for working illegally away from her place of employment. Yet it is the employer who controls her and would sack her if she did not do as she was told. Why employers are not prosecuted baffles me and is a cause for concern. Usually for a conviction, the helper must give evidence against her employer. This is not a simple process for the helper. She cannot stay at her employer's address, has no income and relies on charity for shelter until the case is completed.

A helper who is underpaid faces the prospect of taking her case to the Labour Department and/or the Labour Tribunal. Christian Action tells me helpers can be kept waiting for nine months.

There are also physical abuse cases. I was saddened to see a woman who had been severely beaten by her employer. She had to stay in a shelter without any income, while waiting for legal proceedings.

The authorities must fully investigate these cases. Surely, if a helper is found working in her employer's business, there is a case to answer. It cannot be right for these cases to depend on the evidence of vulnerable helpers who are perhaps too afraid to speak out or are encouraged to leave Hong Kong.

Regarding underpayment and physical abuse, there must be a re-examination of the present process to see if waiting times can be improved and assistance can be given to the victims.

David Tolliday-Wright, Wan Chai

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