Hong Kong domestic helpers: Doubts expressed about viability of government code of practice for maid agencies
Critics argue that the code lacks teeth and it would be rendered redundant if agencies adhered to existing laws and practices
The rights of the city’s vulnerable domestic helpers were back in the spotlight this week as politicians debated how to regulate the employment agencies that bring them to the city from around Asia.
Legislators discussed the merits of a 100-page draft code of practice for the agencies, but campaigners said it lacked teeth.
They said it was unclear how the code would be enforced, and insisted it would be rendered redundant if agencies just adhered to existing laws and practices.
There are also concerns that the code would not sufficiently regulate the agencies’ relationship with their overseas counterparts.
There are between 1,200 and 1,300 domestic helper agencies in Hong Kong, according to the
not-for-profit recruitment organisation Fair Employment Agency (FEA). Only a small proportion of these are accredited, it estimates, and it warns accreditation does not automatically mean firms will adhere to good practice.
Last year, the Labour Department conducted 1,348 inspections at agencies, but only revoked four licences, which campaigners insist is too few given their understanding of widespread malpractice.
There are 346,027 domestic helpers registered as working in Hong Kong. About half are from the Philippines (185,673), with another large contingent from Indonesia (151,996), while the rest are believed to be mainly from Thailand, Nepal and Sri Lanka.
This marks a slight increase from last year, when there were 340,380 registered, according to statistics from the Immigration Department.
The minimum wage for a domestic helper is HK$4,210 per month. Agencies can legally charge fees up to 10 per cent of their first month’s salary, meaning HK$421 for a worker on the minimum wage.
But agencies are charging fees far higher than this – anything from HK$5,000 to $21,000, according to Helpers for Domestic Helpers, a group based at St John’s Cathedral which offers workers legal and other support.
Meanwhile, about 90 per cent of helpers struggle with debt, according to NGO Enrich.
If an agency overcharges, it faces a maximum fine of HK$50,000, but this does not appear to be deterring them.
Commenting on the draft code of practice being discussed in Legco, Scott Stiles, the FEA’s co-founder, said: “If agencies followed the existing laws, then most of the current problems would go away.
“Instead of putting band aids on this issue, let’s focus on employers and workers being screwed by the system.”
The debate around helpers’ rights was held as Hong Kong marked Helper Appreciation Month.
The initiative, started by Discovery Bay residents, aims to highlight the important work done by domestic workers while urging employers not to exploit them.
More than half of helpers have been abused verbally, physically or sexually, according to lobby group Hong Kong Helpers Campaign.
And about one third of domestic workers do not have a room of their own to sleep in at their family’s home, a study of 3,000 helpers by the Mission for Migrant Workers found in 2013.
But there are signs increasing numbers of helpers are seeking support. Charity Mission for Migrant Workers said 4,598 workers sought help from it last year, a slight rise from 2014 when 4,197 requested support.
A core problem they encounter is helpers being made to work excessive hours. More than one in three reported working 16 hours per day for their employer, about double the average employee’s shift, the 2013 study found.
Domestic workers are entitled to 24 hours off for a week’s work. Many choose to spend it with other helpers, congregating in areas such as Victoria Park or parts of Central.
Steve Chitty, spokesman for Helper Appreciation Month, said he and his colleagues felt compelled to recognise domestic helpers for what they do, particularly following the high-profile abuse case of Erwiana Sulistyaningsih.
“It is just a positive initiative. It is designed to bring out the best in everyone,” he said.
“You can personalise it however you want.
“The majority of employers and the majority of situations are good but obviously you hear about the bad situations too.”
The FEA’s Stiles added: “Helper Appreciation Month is not political. It is just about saying ‘thank you’ for everything you do. It is something that we all take for granted.
“Most employers are good people but they are bad managers – that is really common. There is a lack of action on all sides.”