The SUN HK : Labor Chief rejects trial period for FDHs

By The SUN

Sun: No trial period, but job hopping proposal necessary (RTHK photo)

Secretary for Labor and Welfare Chris Sun has dismissed suggestions that foreign domestic helpers be put on a trial period as suggested by some employers who want to be reimbursed for the recruitment costs if the worker fails to meet their expectations, or terminate their contract prematurely.

Speaking to reporters on Saturday, Secretary Sun said, “At present, the contract for foreign domestic helpers to come to Hong Kong is clear, with a two-year contract period. We think at this moment that it would be ideal to continue with the two-year period.”

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Introducing a trial or probationary period could make Hong Kong less attractive to FDHs who could end up having to shoulder part of the placement costs, on top of the hefty sum they have already spent to secure their jobs here.

But in the same interview, the labour chief said it was necessary to introduce the concept of “job-hopping” in the Code of Practice for Employment Agencies, citing employers concerns.

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Under labour’s proposal which will be tabled at the Legislative Council’s manpower panel on Tuesday, employment agencies will be required to warn FDHs that except under exceptional circumstances they will be sent home within 14 days if they terminate their contracts.

Agencies will also have to talk to employers about refunding placement fees and giving them a replacement helper should the one placed with them initially terminates the contract.

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This proposal has alarmed migrant workers, as it could mean part of the costs being passed on to them in case of premature termination.

Sun said the problem of “job hopping” became widespread during the pandemic when the number of FDHs in Hong Kong decreased because of quarantine restrictions for those coming here.

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With life returning to normal in Hong Kong, he said the problem has eased.

“Even so, many employers are concerned about whether the foreign domestic helper "leaves work" under unreasonable circumstances, and whether they can speak more under the "Code of Practice",” he said.

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“We think there is room for more discussion, so that both parties can deal with it more effectively this problem.”

Labour’s bid to include “job hopping” in the CoP for EAs has sparked widespread criticism from migrant workers and agencies, which say it violates the Bill of Rights and amounts to undue legislation.

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Migrant support organizations also say the concept is a myth, as FDHs who have spent so much of their own money to come here will not quit their jobs and risk being unemployed for some time unless their employers have made their lives unbearable.

A coalition of FDH groups, the Asian Migrants Coordinating Body, will stage a protest outside the Labour Department office in Sheung Wan tomorrow morning to show their opposition to the proposal.