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Foreign domestic workers in Hong Kong
Opinion

Domestic workers in Hong Kong are at the mercy of ruthless agencies. Why do we allow it?

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Two domestic workers find shelter in the Bethune House Migrant Women’s Refuge after running into difficulties. Photo: Jonathan Wong
Allan Bell

Over the past three decades, the employment of foreign domestic workers in Hong Kong has risen dramatically. According to the Labour Department, foreign domestic workers now number 350,000 and make up 10 per cent of Hong Kong’s workforce. Yet this has not stopped employment agencies from operating unlawfully, creating a black market in Hong Kong for domestic workers and wreaking havoc on the lives of employers.

Hong Kong shames itself again by its treatment of domestic workers

The employment agencies know it is illegal in Hong Kong to overcharge domestic workers for placement fees. The maximum allowable fee is 10 per cent of the first month’s salary, or H$431. The Hong Kong government has acknowledged that workers are charged more than this, but claims these illegal charges occur overseas. Yet, as a team of University of Hong Kong students recently verified, overcharging by employment agencies in Hong Kong is rampant. Agencies are largely undeterred by existing laws because the Labour Department and police have been unable to control them.
The government must allocate resources to investigate, charge and prosecute employment agencies for overcharging

The fact that agencies here are overcharging workers has now been proven. Multiple recent studies, including undercover videos, have provided significant new evidence of this.

Legally speaking, one of two possibilities exist: either agencies are knowingly overcharging workers, which would be a violation of their licence conditions, or their frontline employees are overcharging workers without notifying their superiors, which would probably be considered the taking of an advantage without permission and therefore illegal under the Prevention of Bribery Ordinance. While the agents and their associations have repeatedly and aggressively denied any wrongdoing, it is clear that they are either lying to save their businesses, or their own employees are responsible for the overcharging of domestic workers. Either way, for the sake of Hong Kong’s international reputation and future economic stability, the Labour Department and the Independent Commission Against Corruption should be taking a closer look.

Watch: “Between a rock and a hard place”, a documentary on the exploitation of domestic workers in Hong Kong

Illegal fees, little rest and no documents: domestic helpers in Hong Kong continue to fight for their rights

There are more than 1,300 domestic worker employment agencies in Hong Kong, more than all of the Starbucks, McDonald’s and 7-11 outlets combined. Why are there so many agencies, many of which are hiding in dark corners of obscure buildings? By allowing the agents to proliferate and operate with effective impunity, the authorities have allowed the creation of a black market. This black market threatens our economic stability and the well-being of Hong Kong people as our population continues to age and the need for migrant workers increases.

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The government would not tolerate black-market operators in any other market segment, whether it be taxi operators or pork importers, so why do they close a blind eye to employment agents?

The effect of this black market not only creates a shockingly high rate of debt bondage among domestic workers, but also causes disruption and unnecessary cost to employers, who ultimately must deal with workers who were not properly screened by agencies, with many preoccupied with paying off large debts.

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Two women attend a press conference as the Federation of Asian Domestic Workers Unions reveals how intermediaries and their subsidiaries abuse and overcharge domestic workers. Photo: Dickson Lee
Two women attend a press conference as the Federation of Asian Domestic Workers Unions reveals how intermediaries and their subsidiaries abuse and overcharge domestic workers. Photo: Dickson Lee

Employer retrieves domestic helper’s passport from agency, calls for government crackdown on illegal fees

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