Helpers’ live-in rule in Hong Kong should be relaxed
- Despite the regulation being upheld by the Court of Appeal, steps must be taken to protect Hong Kong’s maids from potential exploitation and abuse
The Covid-19 pandemic has forced many employees to either enjoy or, perhaps, endure the novelty of working from home. Hong Kong’s foreign domestic helpers know all about working from home or, to be more accurate, living in their place of work.
They are required to do so whether or not there is a pandemic. This “live-in” rule, strictly enforced since April 2003, exposes domestic helpers to potential abuses including being forced to work on their day off.
The rule was this week upheld by the Court of Appeal, which rejected a legal challenge brought by a Filipino helper who argued the requirement she live with her employer increased the risk of her fundamental rights being breached. This followed a ruling by the Court of First Instance in 2018 that also found the rule to be lawful.
Just because a government policy is lawful does not mean it is right. The court was not convinced that the live-in rule significantly increased the risk that helpers’ rights would be violated. But concerns remain. Helpers often find themselves living in small, cramped flats, which place them in constant proximity to their employer.
Court upholds ‘live-in’ rule for Hong Kong domestic helpers
A university study in 2019 found more than 70 per cent of respondents worked 13 hours a day. Almost 6 per cent did not get the legally required day off each week and one in five said they were denied some of their statutory public holidays. Four per cent said they had suffered physical abuse. Covid-19 has added to the pressure on helpers with employers spending more time at home.
The government argues the live-in rule is needed to protect local domestic helpers who prefer to work part-time and are not required to live with their employer. But the contribution made by foreign helpers to the city’s economy, by allowing employers to work, cannot be overlooked.
The government should consider relaxing the live-in rule to provide greater flexibility and give helpers a choice. This will involve consideration of a broad range of issues from establishing fixed working hours to any impact on claims to permanent residency. There will, no doubt, be a mixed reaction from the public.
But the welfare of foreign domestic helpers must be safeguarded. The government should take proactive steps to ensure they are protected from potential exploitation and abuse.
