On Sunday, June 2, the heads of two big employment agency
groups in Hong Kong and in the
Philippines
signed a Code of Conduct which should govern their recruitment practices for the
hiring of Filipino domestic workers in
Hong Kong.
The CoC between the Association of Hong Kong Manpower
Agencies (AHKMA) and Society of Hong Kong-Accredited Recruiters of the
Philippines (SHARP) was drafted to conform to the International Labor
Organization’s general principles on fair recruitment.
The CoC provides, in general terms, the following:
- adherence
to the law of the Philippines
and Hong Kong of both agency groups;
- commitment
to not charging the worker any recruitment fee, but only “reasonable”
charges for skills training and medical examination;
- transparency
in the worker’s contract terms and conditions
- respect
for workers’ rights, health and safety, including a pledge not to hold on
to their work contracts and passports and to extend help to them when
necessary
- non-discrimination
and humane treatment of workers
- high
quality of service
- grievance
mechanism and worker’s access to remedy
- implementation
and monitoring procedure
While the CoC is non-binding, both groups pledged to hear
complaints against any errant member, and to terminate their membership should
it become necessary after procedural due process is observed.
 |
| Group photo after the signing of the Code of Conduct at POLO |
AHKMA AND SHARP CODE OF CONDUCT
By promoting and branding excellence in the recruitment of
Filipino domestic workers to Hong Kong, members of the Association of Hong Kong
Manpower Agencies (AHKMA), also referred to as “Agencies” and the Society of
Hong Kong-Accredited Recruiters of the Philippines (SHARP), also referred to as
“Recruiters”, provide their employer-clients and recruitment candidates with a
stamp of high quality commitments that
are aligned with ILO General Principles on Fair Recruitment.
The aim of this conduct is to support and allow members of
both recruitment associations, AHKMA and SHARP, to prove and demonstrate their
commitments to the highest principles of integrity, professionalism, fair and
ethical business practices in the Philippines
– Hong Kong recruitment corridor.
The Code of Conduct is intended to contribute to the
enhancement of business operations, of maintaining the reputable brands of
AHKMA and SHARP as key industry players, and of optimizing benefits to both
employer and domestic worker toward a successful recruitment and employment
outcome.
CONDUCT OF CONDUCT – PRINCIPLES AND COMMIMTENTS
A. ADHERENCE TO LAW
Recruitment across national borders should respect the applicable
national laws, regulations, employment contracts, and applicable collective
bargaining agreements of countries of origin, transit and destination. Agencies
should take specific measures against abusive and fraudulent recruitment
methods, including those that could result in forced labor or trafficking in
persons.
A.1 No minors or those below the minimum age requirements
shall be recruited.
A.2. All workers are in possession of proper exit clearances
and visas before departing the Country of Origin, including any documentation
required to enter the Country of Destination and any transit country along the
worker’s travel route thereto, where required.
A.3 Visas, work permits, and employment contracts are
consistent and match the worker’s designation (job position) and name of
employer, and are renewed regularly in accordance with local law.
A.4 Agencies ensure compliance with Labor Rights and Hong
Kong Labor Ordinance in implementing any contract terms and conditions,
including termination procedures.
A.5 Agencies shall ensure to transact business only with
licensed and accredited agencies to avoid unscrupulous practices.
A.6 Agencies ensure that domestic helper’s compensation is
fully compliant with Hong Kong Labor Ordinance, including the provision of
receipt for payment.
B. FREE OF CHARGE
PROVISION OF SERVICES
No recruitment fees or related costs should be charged to, or otherwise
borne by, workers or jobseekers
B.1 Recruiters and Agencies do not collect any placement fee
from the worker or require the worker to pay of spend for things or expenses
not authorized by Philippine and Hong Kong
laws.
B.2 Recruiters and Agencies do not collect any fee for
documentation and processing of contracts unless required by law.
B.3 Recruiters ensure that fees that are allowed by law to
be charged to workers, such as for government-required training and skills
certification and medical examinations, are charged at reasonable market rates,
are not exorbitant, and are at rates and limits mandated by government
authorities.
B.4 Agencies will not require attendance to additional
training for workers possessing TESDA Training Certificate, except for
additional skills required by the employer and for which the training fee shall
be shouldered by the employer.
C. Transparency to Contract Terms and Conditions
The terms and conditions of a worker’s employment should be
specified in an appropriate, verifiable and easily understandable manner, and
preferably in written contracts. They should be clear and transparent, and
should inform the workers of the location, requirements and tasks of the job
for which they are being recruited. Written contracts should be in a language
that the worker can understand, should be provided sufficiently in advance of
departure from the country of origin, should be subject to measures to prevent
contract substitution, and should be enforceable. Workers’ agreement to the
terms and conditions of recruitment and employment should be voluntary and free
from deception or coercion.
C.1 Recruiters and agencies establish and implement a “job
order system” that communicates to workers details about the employer,
including:
·
number of family members
·
house size
·
specific job requirements and duties
·
details of accommodations
·
commitment to HK laws
C.2 Recruiters take effective steps to ensure that applicants
fully understand and accept the contents of the Standard Employment Contract,
including:
1. Providing
the workers with ample time to decide whether to accept the contract
2. Providing
workers with a copy of their signed contract in a language that they understand
3. Encouraging
a member of the family to join the applicant at a mandatory orientation
conducted by the Agency in the Country of Origin (CoO) explaining in detail the
job offer and the recruitment terms and conditions.
C.3 Agency provides all selected workers with a SHARP-AHKMA
Handbook on the Profile of a Typical Hong Kong Employer.
D. RESPECT FOR WORKER
RIGHTS, HEALTH AND SAFETY
Recruitment should take place in a way that respects, protects and
fulfills internationally recognized human rights. Workers should have access to
free, comprehensive and accurate information regarding their rights and the
conditions of their recruitment and employment. Agencies take affirmative steps
to ensure that workers are employed under contractual agreements that respect
worker rights.
At the Country of Origin:
D.2 Agencies take effective steps to make sure applicants
understand and are clear on their rights as workers as defined in the
following:
·
Foreign Domestic Helpers Rights and Protection
Under the HK Employment Ordinance
·
Agreement between HK Principal and Applicants
·
Procedure of Employment
D.3 Agencies comply with all procedural requirements to
ensure that workers are properly documented in Hong Kong, including:
·
Accompanying to HK Immigration to apply for HK
ID card (first-timers)
·
Registering newly arrived workers (first-timers)
for Post-Arrival Orientation Seminar (PAOS) as required by the Philippine
Overseas Labor Office (POLO)
·
Conduct of medical check-up (as needed)
·
Securing a signed acknowledgment from the worker
that she retains her copy of her Standard Employment Contract, her passport and
information from HK Labor Department are kept by the worker herself
D.4 Agencies shall ensure the fair implementation of
workers’ employment contract terms and conditions.
D.5 Agencies will not confiscate workers’ passports or other
identity documents
D.6 Agencies monitor and report to POLO, OWWA, or other
concerned entity any significant event regarding the worker, including illness,
accident, hospitalization, resignation, termination, or transfer of employers.
D.7 Agencies ensure that workers receive adequate medical
treatment in case of illness, accident or injury during their contract period,
at the employer’s expense.
D.8 Agencies shall assist in the worker’s repatriation when
needed and ensure that all domestic helpers are safe and well-protected
post-termination of contract and before returning to their home country.
E. NON-DISCRIMINATION AND HUMANE TREATMENT
Agencies do not discriminate, on the basis of any characteristic
protected by national or international law, in the recruitment, selection,
hiring, placement and employment of workers
E.1 Agencies recruit only applicants qualified and
determined to work as a Household Service Worker.
E.2 Agencies treat all jobseekers and workers humanely and
avoid any kind of harassment or abuse in the process of recruiting, placing or
managing workers.
F. QUALITY OF SERVICE
Agencies have systems, procedures, personnel and resources
that ensure professional delivery of recruitment and placement services to the
satisfaction of customers (employers and workers).
F.1 Recruiters and Agencies exert due diligence and have
effective procedures in place to ensure that:
·
All information about the worker is true and
correct
·
Workers are properly trained by a
TESDA-accredited training center
·
Workers are physically and medically fit for the
job
·
Workers complete all departure procedures and
documentary requirements
·
Workers undergo pre-departure orientation,
especially on the departure systems and procedures, including matters on
immigration, quarantine and customs
F.2 Recruiters and Agencies assist jobseekers and workers in
gathering or producing the documents required relative to their application,
including visas, passports, etc.
F.3 Recruiters and Agencies treat the documents submitted by
workers with utmost confidentiality and shall exercise due diligence to avoid
its loss or damage or use by other entities for whatever purpose without the
worker’s express consent.
F.4 Recruiters and Agencies have procedures for protecting
confidentiality of information and documents received from employees, workers
and jobseekers.
F.5 Recruiters provide transient quarters for departing
workers that require such accommodations who are coming from the provinces.
Fees are reasonable and set at a reasonable market rate. Workers who wish to
live outside of these quarters will not be prohibited from doing so.
F.6 Recruiters maintain a directory of the families of
workers deployed, help them organize and initiate or sponsor programs or
livelihood projects or seminars, including scholarships in coordination with
appropriate government agencies or interested private or non-governmental
organizations.
F.7 Recruiters work only with government-accredited training
institutions, PDOS providers and medical clinics.
F.8 Agencies will only transact business with employers
without adverse records with the POLO and the police as far as the treatment of
workers is concerned, or employers who are not watch-listed by POLO;
F.9 Agencies will thoroughly interview employers to document
their capacity to comply with terms of the contract.
G. GRIEVANCE MECHANISM AND ACCESS TO REMEDY
Workers, irrespective of their presence or legal status in a
State, should have access to free or affordable grievance and other dispute
resolution mechanism in case of alleged abuse of their rights in the
recruitment process or any violations of the aforementioned Code of Conduct
standards, and effective and appropriate remedies should be provided where
abuse or violations have occurred.
G.1 Recruiters provide all departing workers with a “travel
kit,” including the directories of persons or offices to be contacted, in case
of problems or emergencies
G.2 Recruiters and Agencies have a monitoring and
problem-solving procedure in place that includes:
·
Monitoring the status of workers
·
Providing workers a safe channel, possibly a
24-hour hotline, to report grievances and contract violations
·
A non-reprisal policy for workers reporting grievances
·
Acting on problems or concerns reported by
workers, including an objective, fair and transparent investigation process
·
Counseling workers and helping to mediate
worker-employer issues
·
Assisting workers to gain access to remedy where
workers’ rights or contract terms have been violated
H. IMPLEMNENTATION
AND MONITORING PROCEDURE
AHKMA and SHARP shall establish their own complaints
procedure for members who may violate the principles of the Code of Conduct.
H.1 If a complaint is
made against a member that has breached the principles and commitments
contained within this Code of Conduct, the said member shall be dealt with in
accordance with corresponding internal complaints procedure of AHKMA and SHARP.
H.2 Should a member
fail to adhere to the principles of this Code of Conduct after a procedural due
process has been completed, AHKMA and SHARP reserve the right to terminate the
said member’s membership.
H.3 If a decision to terminate membership is to be adopted,
AHKMA or SHARP shall act in good faith and in compliance with any applicable
law and will follow its own rules and procedures, including any right to
appeal.
Signed this 2nd day of June 2019, Hong Kong
Special Administrative Region, China,
in concurrence to the principles and commitments of this Code of Conduct:
For AHKMA: For
SHARP:
Teresa Liu Tsui Lan Alfredo
P. Palmiery
Chairperson President
WITNESSED
BY:
Jalilo dela Torre Gaela
Roudy-Fraser
Labor Attache Programme
Manager
Philippine Overseas Labor Office– HK ILO Fair
Programme
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