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Push employers to provide masks, workers urge HK gov’t

Posted on 06 February 2020 No comments

By Vir B. Lumicao

Migrant leaders call for better health protection and an end to discrimination amid the contagion

Leaders of migrant workers groups are asking the Hong Kong government to require employers to provide their helpers with surgical masks, alcohol and other sanitizers to help stanch the spread of the Wuhan novel coronavirus in the city.

In a press conference held on Feb 5 by International Migrants Alliance Hong Kong and Macau chapter, the leaders called on Hong Kong to include helpers in the fight against the contagion by giving them masks, alcohol and antiseptics.

The migrant leaders also urged the government to withdraw its appeal to Hong Kong’s 350,000 foreign domestic helpers to stay at home on their rest day to contain the spread of the disease, calling the move discriminatory and a magnet for workers’ exploitation.

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Eni Lestari, IMA chairperson, asked the Hong Kong government to make it mandatory for employers to provide masks, vitamins, alcohol and antiseptics to their helpers to arm them for the fight.

Her call was echoed by Johanie Tong, representing Mission for Migrants Workers, who urged the government to ensure masks for everyone in Hong Kong. The Mission spokeswoman said no one should be left behind in the fight against the contagion.

“The salary of the workers is very low and the price of masks is very expensive, so it’s not fair for them to buy their own masks. The government should make it mandatory for employers to provide their helpers masks,” Lestari said.

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Prices of these items in Hong Kong have skyrocketed amid the spread of the Wuhan coronavirus that has already claimed nearly 500 lives around the world, and caused close to 25,000 people to fall ill, mostly in China.

Lestari said IMA is trying to provide these protective items to workers but donations of the stuff they had collected from other migrant workers is not enough.

She said IMA has been appealing to the Macau community and other places for mask and sanitizer donations, but they themselves are relying on donations from people overseas.

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Lestari said many people in Indonesia, the US and Canada want to give masks, vitamin C and antiseptics, but the problem is how to bring them to Hong Kong.

She suggested that governments, including Hong Kong, should open up their embassies and even airlines to receive donations and bring them here as one way to help the people.

Tong said the Hong Kong government must also assist migrant workers who experience difficulties in returning to the city due to cancellation of flights.

Likewise, she said the government should ensure the workers won’t be discriminated against, and isolated and excluded in the fight against the new virus.

Tong appealed for donations of masks, alcohol and other protective stuff for migrant workers through the Bethune House.

Lestari said the alliance has received complaints from workers about employers using the Hong Kong government’s appeal to let them perform house chores on their rest day or threatening them with termination if they insist on going out.

Lestari said the “stay home” policy is a “double burden” for helpers who have no rooms, as they have no rest and they are forced to work because they need to stay in the house the whole day.

The lucky ones with their own rooms can rest, but still do cooking and cleaning, she said.

She said if the workers without rooms say they have to go out because they have no room to stay in, the employers tell them “Don’t come back, I will terminate your contract.”

Villanueva says Labour's advice that FDWs stay at home on their day off is discriminatory

Eman Villanueva, Unifil-Migrante HK secretary-general, estimated 30% to 40% of domestic workers were unable to take their day off due to the “stay home” advice issued by the Labour Department in late January.

He said he based his numbers on “informal complaints” by affected members of his 2,000-strong group who don’t want to file formal complaints for fear of losing their jobs.

Villanueva said the reality is that despite the government threatening sanctions against employers who force their helpers to work on their rest day, those are meaningless.

“Because of the power relations inside the household, (the threat is) meaningless; because of the absence of job security, it’s actually meaningless,” he said.

Villanueva also said it was irresponsible for the Labour Department to suggest that the employer pay the worker in place of her rest day.

“The only thing an employer can do is offer an alternative day to replace that Sunday but they cannot offer monetary compensation, that is prohibited by the law. So, I think it is very irresponsible of the Labour Department to make such an advisory,” he said.

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HK to extend expiring FDH contracts until May 31

Posted on 05 February 2020 No comments

By The SUN

Stranded Filipino migrant workers checking flight information in Manila airport

Hong Kong has announced that it will allow foreign domestic worker contracts that are expiring to be extended by up to more than three months, or until May 31 this year.

The move was taken in response to the failure of hundreds of Filipino domestic workers to return to Hong Kong as a result of travel restrictions imposed by the Philippines starting Feb. 2 amid the coronavirus outbreak.

Starting Feb. 4, all FDH contracts expiring on or before Mar 31 will be extended up to May 31 based on mutual agreement by the employer and the helper, a government statement said.

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The flexibility arrangement is aimed at helping employers whose contracts with their FDHs are due to expire soon, but the replacement helper cannot fly in because of the Philippines’ temporary ban.

The statement said employers in need may apply directly to the Immigration Department for their helpers’ extension of stay on or before Mar 31. Upon receiving the applications, Immigration will process them in accordance with established procedures and policies.

Under current practice the standard employment contract may be extended by not more than one month by mutual agreement between the employer and the helper, with approval from the Director of Immigration. Longer periods need the consent of the Commissioner for Labour.

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“We hope that the flexibility arrangement can help the families affected by the situation so that they can continue to retain their current FDHs temporarily while waiting for the new FDHs that they hired or intend to hire to report for duty upon the lifting of the ban by the Philippine government,” a government spokesman said.

Applications may be submitted directly during office hours or by post to the Foreign Domestic Helpers Section at Immigration Tower in Wan Chai, along with the following required documents:

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· Visa/Extension of Stay Application Form for Domestic Helper from Abroad (ID 988A) completed and signed by the FDH;

· The current SEC, or ID 407 (copy only if applying by post), kept by the employer and the helper with an amendment clause on extending the period of employment duly signed by both parties at the end of page 4;

· A supporting letter signed by the employer stating the reasons for extending the period of employment;

· The helper’s travel document (copy only if applying by post); and

· A visa fee of $230.

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Allow Filipinos to return, HK asks Phl government

Posted on 04 February 2020 No comments

By The SUN

Secretary Law with Congen Tejada

Hong Kong has urged the Philippines to allow its nationals to return to the city.

The call was formally communicated this afternoon, Feb. 4, to Consul General Raly Tejada by Hong Kong Labour Secretary Law Chi-Kwong, during a meeting at the Legislative Council that lasted about 45 minutes.

ConGen Tejada said Secretary Law “made strong representations for the Philippine government to allow Filipinos to return to HK.”

The appeal came in the wake of chaos that followed the Philippine government’s sudden decision to restrict flights to and from China, Hong Kong and Macau starting Feb. 2, as part of measures to contain the spread of the novel coronavirus.

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As part of the restrictions, Filipinos traveling to these places, including migrant domestic workers, students and residents, have been barred from leaving Manila and other international airports in the Philippines.

As a result, hundreds of Filipinos, many of them domestic workers in Hong Kong, have been stranded in airports across the Philippines.

A similar number of outbound travelers were also affected, as the two major airlines that fly several times daily to the Philippines, cancelled all their flights on both routes.

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According to the Hong Kong Union of Employment Agencies, about 500 workers deployed by its members have been affected by the ban. Another big agency group said 300 of their recruits have been stranded.

Both Philippine Airlines and Cebu Pacific said they will resume flights to Hong Kong on Feb 29, while Cathay Pacific continued flying to Manila, but did not accept bookings from Filipinos flying out to Hong Kong.

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Not all Philippine government departments have supported the move. At a Senate hearing earlier today, Secretary of Foreign Affairs Teodoro Locsin, Jr. vigorously urged for the lifting of the ban on Filipinos leaving for China and its two administrative regions. But Health Secretary Francisco Duque III, who recommended the strict measures, stood his ground.

In calling for the recall of the ban on returning Filipinos, Law reportedly assured the Manila government that Hong Kong continues to undertake vigorous measures to combat the spread of the disease.

In the meantime, the Immigration Department will give special consideration to workers and other travellers affected by the situation.

Chief Executive Carrie Lam gave the same assurance about Hong Kong’s unrelenting effort to combat the disease at a news conference held on Feb. 3, and in a letter addressed to consuls general a day earlier.

She also promised "compassion" in handling immigration and labour problems faced by Filipino migrant workers affected by the ban.

CE Lam at the press conference where she addressed the Philippine travel ban

The Philippines is one of only four countries that have included Hong Kong in the travel restrictions to China in the wake of the coronavirus outbreak. The others are Italy, Kuwait and North Korea. Vietnam initially took the same move, but backtracked on the same day after being told how Hong Kong has been battling the disease.

ConGen Tejada promised to immediately convey the Hong Kong government’s request to Manila.

He was accompanied to the meeting by Consul Paulo Saret and Philippine Overseas Labor Office head Antonio Villafuerte.

On the same day, one of the biggest migrant workers groups in Hong Kong sent a letter to ConGen Tejada, asking for the same restrictions on returning Filipinos to be lifted.

The letter from United Filipinos in Hong Kong said in particular that the ban could lead to loss of jobs for many Filipino domestic workers.

“As domestic workers we do not have the luxury of time. We are also not afforded job security. We work at the whim of our employers,” said the letter. If the workers don’t get back to work on time, they could be terminated, it added.

ConGen Tejada said he had yet to receive a copy of the letter but promised to act on it immediately.

The Philippines has 70 suspected coronavirus cases, but only two have been confirmed, including a man from Wuhan who was reported to have died from the disease 24 hours before the travel ban was imposed. He was the first person to die from the disease outside of China.

Hong Kong today reported the second death of a patient outside of the mainland, and the first in the city. Two more confirmed cases were reported, bringing the total tally to 17.

The last two cases have raised alarm as the source of infection could not be traced, leading to the suspicion that they had been transmitted locally.

Across China, the total number of cases have exceeded 20,000 with more than 420 deaths.

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HK Labour hit after urging migrant workers to stay home on their rest day

Posted on 31 January 2020 No comments

By The SUN

HK Labour tells migrant workers to stay home to prevent spread of coronavirus

In an unprecedented move, Hong Kong’s Labour Department has appealed to foreign domestic helpers to stay home on their rest day as a precaution to the spread of the Wuhan novel coronavirus in the community.

“The government appeals to FDHs to stay home for rest on their rest day as far as possible, and to stay away from crowds on public transport or at public places. At the same time, employers must not require FDHs to work on their rest day,” said the statement.

The advisory was immediately criticized by Cynthia Tellez, manager of the Mission for Migrant Workers, who called it illegal and discriminatory.

Another community leader, Eman Villanueva of Bayan Hong Kong and Macau, was more scathing, describing the Labour Department call as “irresponsible, unfair, unjust and discriminatory.”

Tejada says it should be worker's choice

Consul General Raly Tejada on the other hand, said the Consulate understood the objective of the request, but maintained that the final decision rests with the domestic worker.

“In the event that they choose to stay at home then the employer must respect their day off and not give them tasks,” said Congen Tejada in a message to The SUN.

In two separate advisories, the Consulate advised Filipinos to avoid large gatherings and organizations to postpone public events to help reduce the risk of infection, but did not tell them to remain indoors at all times.

At the same time, it reminded employers not to bring their helpers to the mainland, in reaction to many appeals for help from Filipina domestic workers who are being forced to cross the border by their employers, despite the contagion,

Tellez calls move 'racist'

Tellez said she was surprised by the Labour Department’s statement, as it amounted to the government agency violating its own prohibition against not allowing a foreign domestic worker to take a day off.

“Kalokohan yan because it sends the wrong signal that puwede nang hindi palabasin ang isang migrant worker sa kanyang day-off,” Tellez said.

“At saka, paano naman nating malalaman kung hindi nga pinapatrabaho ang worker kung nasa loob siya ng bahay?”

She said Labour can’t even suggest that the worker be paid for staying put because that again will be in violation of its own laws.

But more importantly, Tellez said the advisory affirmed the racist notion that FDWs cause the spread of illnesses in Hong Kong, when they are the ones who are actually at risk as they do not get to choose who they should live with.

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She said this was shown by the case of the Filipina who was put under quarantine on Jan 24 after her employer’s parents who were visiting from Wuhan, tested positive for the coronavirus.

“Maling patakaran yan kasi ang Labour na dapat na nagpoprotekta sa mga migrant worker ay siya pang naglalapit sa kanila sa kapahamakan,” said Tellez.

Villanueva says it's malicious and unfair to suggest
FDWs are likely to spread the virus

Villanueva agreed that employers could take the advisory to mean that they can deprive FDWs of their weekly rest day and statutory holidays.

He was also angered by the suggestion that the novel coronavirus (nCoV) contagion could be controlled if migrant workers stayed at home even on their rest day.

“It unfairly and maliciously insinuate that FDWs’ communities are particularly prone to spreading the virus. In fact, the only incident involving an FDW is a Filipino who had a direct contact with two nCoV carriers who happen to be her employer’s relatives. This incident happened INSIDE their household, not outside,” said Villanueva.

He added that singling out FDWs and asking them “to stay at home during their rest day while other members of the household can freely leave is meaningless and is blatantly discriminatory.”

He said that instead of taking steps that violate migrant workers rights, the Hong Kong government must ensure that FDWs are give the same level of protection as everybody else in the city.

“Remind employers to provide their domestic workers with free protective materials such as face masks, vitamin C, alcohol-based sanitizing gel or spray. Ensure that their FDWs get sufficient rest and nutritious food so they wont get sick. Ensure that advisories and public information regarding 2019-nCoV are made available in different languages for the benefit of everyone including ethnic minority communities,” he said.

This was the first time that the Labour Department had made this unusual call. Even at the height of Sars (severe acute respiratory syndrome) which killed 299 people in Hong Kong 17 years ago, officials did not see it fit to suggest that FDWs should stay at home on their day off.

In addition to the call to stay at home, a Labour spokesman said everyone in Hong Kong should refrain from gathering so as to minimize the risk of infection.

He noted the same call was made by the consulates of the Philippines and Indonesia.

“If it is necessary for FDHs to go out, they are advised to wear a surgical mask and to avoid staying in crowded places. If an FDH or his/her employer has visited the Mainland recently, he/she should wear a surgical mask and stay home for 14 days upon return to Hong Kong as far as possible,” the spokesman continued.

An emergency alert was issued throughout the city on Jan 25, after the first two cases of coronavirus infections in Hong Kong were reported.

There are now 11 confirmed cases, while further tests and monitoring are being carried out on 600 or so suspected carriers.

In its advisory, Labour reminded employers who compel their helpers to work on a rest day is in breach of the Employment Ordinance and is liable to prosecution and, upon conviction, to a maximum fine of $50,000.