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Home-alone DH told she won’t get paid for time employer was away

Posted on 25 April 2020 No comments
By Vir B.Lumicao

Many FDWs are told they can't get paid for the days they were unable to work due to Covid-related reasons

A Filipina helper who was terminated recently is claiming unpaid salary for the months she was left alone at home when her employer and her family went to China in December, and were subsequently locked down as a result of the coronavirus outbreak.

The employer is reportedly insisting that the maid’s few months’ wait was a “no pay leave.” 
The plight of the abandoned domestic worker is just one of scores of termination cases that helpers had reported to the Mission for Migrant Workers these past few weeks.

Johannie Tong, community relations officer of the church-based non-government organization, said in an interview on Apr 23 that the helper had been left alone in the flat for a few months while her employers went to the Mainland, and got stuck there.
 
Tong joins mask-distribution to FDHs enjoying their Sunday day-off
But, one day, the worker was contacted by a representative of her employers who told her she was being dismissed because the family wouldn’t be returning from China.

“She is trying to talk to the employer at the moment because we helped her calculate the compensation,” Tong said.

Settling the compensation has been muddled by the no-pay leave argument many employers are using, citing the Covid-19 pandemic as reason.

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But in many of the cases, it is the helper who was unable to return to work on time, after the Philippines imposed a three-week ban on travel to Hong Kong starting Feb 2.

Tong said that as the Labour Department or Immigration Department has not made a clear stand on the issue, the maid’s employers are insisting they have no obligation to pay her during the time that they were away.

The employers reportedly insist the helper should not get paid during their absence as she had nothing to do at their home for months.

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“They were telling the helper, ‘You are here but you are not working at all,’ as they considered the situation as a no pay leave,” Tong said.

The employers told the worker she wouldn’t get paid for that period only when they terminated her.

“So we told her, ‘This shouldn’t be happening because she didn’t inform you in the first place that you stay here but you are not receiving any payment',” Tong said.

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As of this writing, the abandoned worker is still awaiting word from her absent employers about her compensation claim.

Tong said terminations had become frequent since the coronavirus contagion reached Hong Kong in late January this year before it became a pandemic.



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2 new imported Covid-19 cases but 8 readmitted to hospitals after testing positive again

Posted on No comments
By The SUN

HK has 2 new cases, 8 re-admissions  

Hong Kong ended its one-day reprieve from Covid-19 when it reported two new cases today, Apr 25, both imported from Britain.

The first is an 18-year-old returning student, while the second is a 61-year-old man whose baby granddaughter and domestic helper were found infected with the coronavirus earlier.

The 14-month-old baby girl tested positive on Apr 13, and the DH, two days earlier. They had all flown in from London on Apr 7, and were under quarantine in the flat of the baby’s parents on Old Peak Road in Mid-Levels when the helper was found infected.
The baby and her grandfather were already at a quarantine center when they tested positive.

The latest cases brought the total tally to 1,038 with 725 recovered and discharged. The death toll remains at 4.

Of the 800 residents who flew in yesterday from overseas and were tested at AsiaWorld-Expo, only one was found infected.
At today’s briefing, Dr Chuang Shuk-wan of the Centre for Health Protection also revealed that eight patients who had already been discharged were readmitted to hospitals after testing weak positive for the virus again.

Chuang said the Hospital Authority immediately called a meeting with experts, and the majority of these experts said the discharged patients may only contain fragments of the virus “which may not be transmissible.”


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“We have consulted experts who believe the virus could have been left over in the body after treatment and the risk of infection to others is low,” she said.
She said the same phenomenon has been seen in China and South Korea, where it is also believed that the fragments may stay in the body for some time.

But to be on the safe side, she said all eight patients have been readmitted. Health authorities have also checked on their whereabouts after they left the hospital and who their close contacts were.
 
Dr Chuang of CHP and Dr Lau of HA at today's press briefing

As with newly confirmed cases, the patients’ close contacts will be put under quarantine, and all the places they’d been to would be uploaded on the CHP’s website for the information of the public.


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Dr Lau Ka-hin, chief manager of the Hospital Authority, said blood tests will be carried out to track the patients’ recovery, and help experts make a further study on their cases

Chuang said all the patients had sought treatment in hospital for various reasons. “Some with symptoms, some without,” she said.

But she said most of the recovered patients did not move in immediately with their family members, although some had gone to places like supermarkets.

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Agency staff faces 18 charges in Filipino jobs scam case; owner linked to 1

Posted on No comments
By Vir B. Lumicao

The Filipina appeared in Kwun Tong court, charged with illegally collecting money from the job applicants

Eighteen charges were filed in Kwun Tong Court on Apr 23 against a Filipina staff of recruitment company for the alleged collection of $180,000 from Filipino jobseekers in Hong Kong and Macau.

Her boss was linked to only one of the charges of “engaging in a commercial practice that constitutes wrongly accepting payment for a product.”

Marijane Biscocho, 42, and her boss Lennis Ebrahim, 55, originally faced a charge of “applying a false trade description to a service offered to consumers” in connection with the case.
But the original charge was withdrawn, and Biscocho was instead charged with 17 counts of the new offense, and one for Ebrahim.

The prosecution said the charges against Biscocho were filed after Customs officers received additional complaints against her.

The new charge was not read out in court, but it was listed on the new hearing date for the two on the HK Judiciary’s website.

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Magistrate Chui adjourned the hearing until May 21 for further investigation and legal advice. She remanded Biscocho in custody, and extended Ebrahim’s bail.

Ebrahim, owner of the unlicensed WHT Consultants Co. that allegedly carried out the recruitment, was named in only the fourth of the new charges, the prosecutor said, but did not give details.

Fifteen prosecution witnesses have reportedly come forward.

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All the charges are related to the alleged collection of placement fees from the Filipino applicants for fictitious jobs in Hong Kong and Macau.

Magistrate Ivy Chui suspended the hearing in the morning after learning that Biscocho was not represented by a lawyer. She told the defendant to go to the Duty Lawyer Service to apply for legal representation.

“You need a lawyer to represent you because you are now facing 18 charges,” the magistrate told the Filipina.
The hearing resumed about half past noon when a lawyer assigned to Biscocho arrived.

Chui, however, withheld the reading of the new charges in court as Ebrahim was again absent from the hearing reportedly due to sickness.

She did not appear either in the earlier hearing on Apr 7.

Ebrahim’s lawyer applied anew for an order that will allow his client to report to police only every Saturday, but Chui did not allow it.

The application was similar to one refused by another magistrate, Andrew Mok previously.

Two Pinoy defendants ordered arrested for jumping bail

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The arrest order was made by an Eastern court magistrate
Two Filipino males, both permanent residents, were ordered arrested and their bail money confiscated after they failed to show up today, Apr 24, for the hearing of their separate cases in Eastern Court.

Magistrate Arthur Lam issued warrants for the arrests of G. Mariano, defendant in a burglary case, and E. Lopez Jr, who is facing an assault charge for allegedly hurting his wife in a domestic dispute.

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Lam was scheduled to hear charges of “aiding and abetting burglary” and “burglary” filed against Mariano and his co-defendant, Filipina resident C. Francisco.

But when their names were called out, Francisco was around but not Mariano.

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The magistrate ordered the case hearing reset to May 15 and ordered Mariano's arrest. 

After the lunch break, Lopez was nowhere to be found either, after his name was called for the hearing of his case.A police officer went out of the courtroom to call out the defendant's name but got no answer.
The prosecutor said the defendant was arrested on Feb 22 after he assaulted his wife. She said the defendant should be arrested and his $2,000 bail money confiscated. – VB Lumicao




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