The Philippine Consulate has warned Filipino domestic workers or those hired as unskilled or semi-skilled workers under the Enhanced Supplementary Labor Scheme (ESLS) not to violate their visa conditions by engaging in unrelated or unspecified work, whether paid or unpaid,
The post published
today, Wednesday, said those on FDW or ESLS contracts can be held liable for breaching
their condition of stay “if they perform commercial activities or engage in
other work, whether paid or unpaid, that is not within their schedule of work in
their Standard Employment Contract.”
Simply put, FDWs
are only allowed to perform domestic duties for their contractual employers, in
the address specified in their contracts. ESLS workers must only work for the
company that sponsored their visa, and for the job they were hired for.
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| Basahin ang detalye! |
Neither may work
anywhere else, or engage in commercial activities like product or service endorsements,
even if unpaid, or on voluntary basis.
The PCG post warned
that breaching one’s condition of stay could result in a maximum penalty of
HK$50,000 fine and imprisonment for up to two years.
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| Immigration regularly conducts anti-illegal work operations across HK (File photo) |
The advisory comes
three days after Filipino domestic worker and vlogger Julian B. Baculo, who is
more popularly known by his social media handle “ChefBoy Mangyan” was invited
for questioning by Immigration authorities after he attended a promotional
event organized by a travel agency at World-Wide Plaza in Central and aired
live on Facebook on Sunday, Aug. 16.
The promotional poster
for the event said, “Looking for me? See you all tomorrow at worldwide central
2nd floor, shop 201 Allied Express Travel Ltd for live updates, tickets,
promos, tours, additional baggage” with the hashtag chefboymangyan.
After several
hours of questioning, Baculo and the manager of the travel agency were allowed
by Immigration to post bail while the investigation into the suspected illegal
work continues.
Baculo himself confirmed
in a subsequent Facebook post that he was questioned at the Immigration headquarters
in Tseung Kwan O but clarified that he was not handcuffed, or even touched by
the officers who invited him for questioning.
He also denied
that his contract was terminated as a result of the incident.
But he posted
photos of him visiting the Migrant Workers Office to seek help with his case.
It is understood a prominent human rights law firm is now assisting him with
his case.
Meanwhile the PCG advisory also warned that overstaying a visa amounts to a breach of condition of stay. If illegal work is committed by one who overstayed, the maximum penalty is three years in prison and fine of up to HK$50,000.
In recent months, Immigration has stepped up its campaign against illegal work, announcing arrests made during weekly surveillance operations on known hotspots such as restaurants, massage and beauty parlors, retail shops and premises under construction.
On rare occasions, Immigration reported arresting tourists who used social media to advertise their services such as photography and bridal hair and makeup.
Last year, Immigration officers made a big splash when they raided a flat in Shamshuipo where Filipino domestic workers were said to be engaged in the illegal practice of dentistry.
But of the six who were arrested, only two were convicted after pleading guilty to the charge. The other four were acquitted after the court found that there was no prima facie case against them, as the prosecution had mainly relied on tainted evidence such as those obtained during a warrantless search.
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