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Labour reminds employers not to force FDHs to work on rest days

02 April 2021

By The SUN 

FDHs are reminded anew that they must wear a mask
and observe social distancing in public (File)

The Labour Department has issued its usual reminder ahead of long holidays for foreign domestic helpers to observe social distancing measures when out on their rest days.

At the same time, it warned employers that it is illegal for them to force their FDWs to work on their days off.

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A statement issued Thursday, Apr 1, on the government website said: “Employers are reminded that they must not compel their FDHs to work on a rest day. An employer who compels his or her FDH to work on a rest day without the agreement of the FDH, or fails to grant rest days to the FDH, is in breach of the Employment Ordinance and is liable to prosecution and, upon conviction, to a maximum fine of $50,000.”

The advisory likewise carried a warning to FDHs that they could be charged a fixed penalty of $5,000 if they do not wear a mask, or violate the prohibition against the gathering of more than four persons in public.

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"We remind FDHs to strictly observe the requirements and appeal to them to avoid gatherings (including in boarding facilities), food sharing and other social activities on their rest days and stay at home for rest as far as possible to safeguard their personal health,” said the statement.

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It added that employers and FDHs could discuss rest day arrangements so as to minimize the health risk of having a lot of people gathering in public during the holidays.

Sunday, Apr 4 is a statutory holiday. Labour laws say that if the statutory holiday falls on a rest day, a holiday should be granted on the day following the rest day, which in this case, is Monday, Apr 5.

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For all other workers, the long public holidays will start from tomorrow, Good Friday, and last until Tuesday, Apr.6, which is the day after Ching Ming Festival and Eastern Monday.

Police will again patrol FDH haunts on Apr 4 & 5

During the Easter holidays, or from Apr 2 to 6, the Labour Department said it will conduct mobile broadcasts at popular FDH gathering places to remind them to comply with social gathering rules.

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On Apr 4 and 5, Labour in collaboration with Hong Kong Police, the Food and Environmental Hygiene Department, Home Affairs Department and the Leisure and Cultural Services Department, will conduct joint operations in Central, Tamar Park in Admiralty, Victoria Park in Causeway Bay and Lai Chi Kok Park to ensure the gathering restrictions are observed.

“Relevant departments will take enforcement action against those who still refuse to abide by the regulations after repeated reminders,” the statement said.

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Also on these two days, free coronavirus tests will be given to FDHs who may avail of the offer by registering on site at the four designated locations.

FDHs are also reminded that they can get vaccinated for Covid-19 free of charge. To book an appointment, visit the designated website of the Vaccination Programme (www.covidvaccine.gov.hk). 

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“The Government appeals to FDHs to get vaccinated as soon as possible to protect themselves and others,” said the statement.

Any enquiries on FDH employment may be made through the dedicated FDH hotline at 2157 9537 (manned by 1823), by email to fdh-enquiry@labour.gov.hk or through the online form on the dedicated portal (www.fdh.labour.gov.hk).

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