Enhance protection to prevent exploitation
28 January 2018
With the development of the community, more and more families need to employ foreign domestic helpers (FDHs) to help with their housework and taking care of their children and elderly. Over the years, the number of FDHs working in Hong Kong increased significantly from 1 350 in 1975 to around 180 000 in 2008; and further doubled over the past decade to nearly 370 000 at the end of last year. Amongst the FDH population, about 54% come from the Philippines and 43% from Indonesia. The rest come from India, Thailand, Sri Lanka, Pakistan etc.
At present, FDHs make up about 10% of the workforce in Hong Kong, serving more than 280 000 families. Their contribution to local families as well as the economic development of Hong Kong is beyond doubt. Specifically, they enable local women to work and thus help release the female labour force, making valuable contribution to Hong Kong’s economic development.
The Hong Kong Special Administrative Region (HKSAR) Government is committed to safeguarding the labour rights of FDHs working in Hong Kong. In this regard, the passage of the Employment (Amendment) (No.2) Bill 2017 (the Bill) — the second reading debate of which will resume next Wednesday (31 January) — will be an important milestone.
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The objective of the Bill is to strengthen the regulation of employment agencies (EAs) so as to enhance protection for job-seekers (including FDHs). The legislative proposals under the Bill seek to increase the maximum penalties for the offences of overcharging of commission from job-seekers and unlicensed operation of EAs; to extend the scope of the overcharging offence; to provide for new grounds upon which the Commissioner for Labour may consider refusing to issue, renew, or revoke the licence of EAs (for example, if an associate of a licensee contravenes Part XII of the Employment Ordinance or any regulation made under section 62 of the Employment Ordinance); and to provide a legal basis for the Commissioner for Labour to issue codes of practice in relation to EAs.
Under the existing legislation, EAs cannot charge a job-seeker a commission that exceeds 10% of his/her first month’s wages upon successful placement. Anyone contravening the relevant requirement is liable to a maximum fine of $50,000. In order to address public concern over EAs overcharging commissions from job-seekers, the Government proposes to raise the penalties significantly to a maximum fine of $350,000 and imprisonment for three years, which are the highest penalty level under the Employment Ordinance.
In addition, we also propose to extend the scope of the offence of overcharging commission from job-seekers to the associates of a licensee, including the management and employees of EAs. Upon the passage of these legislative proposals, the deterrent effect against overcharging will be greatly enhanced.
I believe that the Bill is a major breakthrough. It enables the Labour Department to strengthen the regulation of EAs and greatly enhance the protection for local employees, FDHs and employers in using the services of EAs.
The Labour Department has all along been taking rigorous action against violations of the Employment Ordinance and the Employment Agency Regulations by unscrupulous EAs. Since 2014, the Department has increased its manpower to step up inspections to EAs and raised the inspection target from 1 300 to 1 800 per year. Regular liaison mechanisms have been established with Consulates-General of major FDH sending countries in Hong Kong. The Labour Department also works closely with the Immigration Department and the Police (e.g. mounting joint operations) to step up our efforts against unscrupulous EAs.
We attach great importance to the promotional and educational efforts to enhance FDHs’ awareness of their labour rights as well. To facilitate job-seekers and employers to gain convenient access to the information relating to the regulation of EAs, the Labour Department launched a dedicated EA Portal in January 2017. The Portal enables the public to check if an EA has valid licence, browse reference materials, publications, as well as the department’s press releases on cases of successful prosecutions, revocations or refusal of licences etc. In addition, there is a “FDH corner” section in the Portal which is available in Philippine (Tagalog), Indonesian and Thai versions to allow FDHs to browse the relevant information anytime.
FDHs are valuable to us. Their employment rights should be fully protected and respected. I hope that the Bill would be supported and passed by Members of the Legislative Council so that the proposed amendment provisions could come into effect on 9 February upon gazettal. This will further enhance our protection for FDHs and local workers.
