Worker groups denounce treatment of DHs who fall ill in HK

 

Union leaders present their findings in press conference.

Hundreds of foreign domestic helpers who fall ill with serious illnesses such as cancer while working in Hong Kong faced injustices while fighting their illnesses, according to two migrant groups.

The Federation of Asian Domestic Workers Unions (FADWU) and Filipino Migrants Cancer Support Society Hong Kong (Filmcass-HK) presented data documenting 195 cases of MDWs who suffered injustices.

Some were allegedly denied treatment after illegal termination, while others suffered from employers’ malpractices, such as unpaid wages and sick leave allowance, refusal to cover medical expenses and forced sacrifice of statutory rest days for hospital appointments, they said in a press conference.

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Filmcass-HK said its data showed that 30% of these migrant domestic workers were illegally terminated due to their health conditions.

“The termination of an MDW's employment results in the loss of their legal status in Hong Kong, subsequently denying them access to public hospitals at the subsidized ‘eligible person’ rate,” it said. “This drastic change can cause the cost of crucial treatments, such as chemotherapy, to skyrocket by up to 64%, rendering them financially unattainable for MDWs.”

While the Employment Ordinance prohibits termination during paid sick leave, and the Disability Discrimination Ordinance protects against unequal treatment due to illness, MDWs are often deterred from pursuing legal claims, the groups said.

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The fear of losing access to vital medical care during the lengthy legal process forces many to abandon their rights. Consequently, the majority of terminated MDWs either return to their home countries in search of treatment or face the end of their lives without proper care, they added.

"It is discriminatory, inhuman, and potentially illegal to terminate a worker on health grounds," stated a spokesperson for FADWU and Filmcass-HK. "We demand the government grant MDWs who bring a case against their employer for discriminatory treatment due to health continued access to public healthcare at an eligible person’s rate."

The two groups also reported that even MDWs who retain their employment while seriously ill face severe exploitation.

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Among 67 documented cases, seven workers received no salary, 30 were denied medical expense coverage, 13 had only partial medical expenses covered, and 14 were forced to use their rest days for hospital appointments. Only 10 workers received full support from their employers.

The fear of termination and subsequent loss of medical access silences many MDWs, is preventing them from reporting employer violations, the groups said.

“Providing continued access to public healthcare after termination would empower these workers to assert their rights without fearing for their lives,” they added.

The two groups presented their key demands:

• Grant MDWs who file discrimination claims due to health, continued access to public healthcare at the "eligible person" rate.

• Enforce existing labor laws to protect MDWs from illegal termination and exploitation.

• Increase awareness of MDWs’ rights and provide accessible legal support.

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