Filipina ‘job-hopper’ ordered to leave after 2 terminations, one back-out

By Daisy CL Mandap 

Letter sent by Immigration telling Ludy she must go back home

Two days before Hong Kong Immigration announced that it was reverting to its policy of allowing terminated foreign domestic workers to remain for only 14 days, a  Filipina was told she needed to go back home after being terminated twice in six months.

Ludy C., 56, was set to leave for Manila today, Jan 3, after more than two months of trying to get another employment contract approved by Immigration. But as (bad) luck would have it, her Philippine Airlines flight was cancelled at the last minute, so now she's back to worrying about where to get the money to sustain her needs while she remains stuck in Hong Kong.

Ludy was terminated for a second time this year on Oct 27 and managed to get another employer to sign her up, but apparently because she fell into the “job-hopping” category, Immigration rejected her bid to secure a new employment visa.

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In line with existing practice, FDWs whose contracts are terminated repeatedly with no valid excuse are deemed as job-hoppers, and as such, are denied the chance to remain and secure a new job.

On Dec 30, Immigration tightened the restrictions further by announcing that it was reverting to its standing policy of allowing all terminated FDWs to stay for only two weeks after termination. Exemptions will only be allowed in “exceptional circumstances,” such as when the employer dies, relocates, or runs into financial difficulties.

This so-called 14-day rule, which has been in place since 1987, was relaxed for the first time this year amid the pandemic, which left many FDWs stranded in both Hong Kong and their home countries because of travel restrictions.

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Ludy said that after Immigration’s initial advice to her that she would no longer be allowed to stay and wait for her new employment contract to be processed, she managed to ask for a reconsideration.

She got herself a new employer, who unfortunately, was stuck in China so could not attend a pre-employment interview scheduled by Immigration. In the end, the employer decided to just back out of their contract, which could have amounted to a third black mark in Ludy’s employment record.

Subsequently, Ludy received a letter from Immigration dated Dec 21 in which she was told that that she could only stay another week.

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The letter read: “Having considered all the circumstances of the case and all available information, the Director of Immigration is not satisfied that you have met all the eligibility criteria given in the “Guidebook for the Employment of Domestic Helpers from Abroad. Your application is therefore refused.”

She was told to leave “on or before Dec 28”, but when she tried to book a flight home, Ludy found out that because of the busy holiday period, the earliest she could depart was Jan. 3.

She went to Immigration on Dec 27 and asked for another visa extension, bringing along her new plane ticket as proof. To her dismay, not only did the immigration officer who interviewed her denied her application, he also reportedly shouted at her in front of a lot of people.

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After her repeated pleas that there was no way she could go home by the following day, the officer ordered her to go to the Consulate and ask for a letter certifying that there were really no flights immediately available.

Ludy then reached out to Rain Tuando, an administrator of the Facebook group Domestic Workers Corner, who lost no time in relaying her request for urgent help to Consul General Raly Tejada.

The next day, Ludy was given a letter written by Consul Paul Saret, head of the assistance to nationals section, requesting Immigration Commissioner Au Ka-wang, to extend her visa long enough for her to get on a plane back to Manila.

 

Saret asked Immigration to give Ludy time to get on next available flight home

On the eve of her supposed departure, Ludy could only express regret at how her first job termination in April this year had led to a series of misfortunes that ended with her being told to leave Hong Kong.

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She said she first came here to work in 1990, then decided to go back home for good after nine years. But with her two kids about to start college, she decided to come back in early 2016, and ended up looking after an elderly male employer for four years.

When she was released in December last year, a month away from finishing her second contract, Ludy was signed up to look after an elderly woman who lived alone. But an accident that led to her elderly ward getting operated on for a bone fracture that was left untreated for two months, led to her termination on Apr 3.

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She then managed to secure another job, but for reasons Ludy says she is not clear about, Immigration rejected their employment contract.  

Luckily, because of the relaxed rules amid the pandemic she managed to stay on and got herself a new elderly employer. But her luck again turned when her prospective employer suddenly passed away while her employment visa application was already being processed. 

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She remained jobless until October, when she was signed up by a new employer. But this time, Ludy said she had to do house chores and attend to the needs of a couple, their baby, an elderly parent, and a dog.

She said she got so tired that when she was asked to wash dishes after taking her day off on Oct 25, she begged off. In an act of pique, she sent her employers the part of the Employment Ordinance that stipulates the penalty for employers who make their FDWs work on their day-off.

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The next day, her male employer terminated their contract and asked Ludy to leave their house. He reportedly cited as reason her having failed to meet the employers' expectations.

Ludy said she wants to come back to Hong Kong to work, as she is still sending her two children through college. But given her age, her having been sent home for repeated terminations, and the continuing travel restrictions because of the pandemic, there’s just a slim chance that will happen, at least not anytime soon.

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3 Indonesians, 1 Filipina among 42 new Covid-19 cases

By The SUN 

The four female patients from Indonesia and the Phl are all new arrivals

Three Indonesian women and one Filipina were among 42 new Covid-19 cases reported in Hong Kong on the first day of 2021. Two of the Indonesians tested positive on arrival at the airport, while the third,  as well as the lone Filipina, were found infected while in hotel quarantine.

They were among six new imported cases, the two others being returnees from India and the United States.

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Dr Chuang Shuk-kwan from the Centre for Health Protection said that of the 36 local cases, 23 were linked to previous infections while 13 had unknown sources.

Despite the distinct drop in the number of new cases, Dr Chuang said people should not let their guards down, especially with more long weekends ahead.

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“We are having quite a number of long weekends with quite some gatherings. As we mentioned, a lot of people crowded together outside, or inside at home, so we are quite worried about whether numbers will go up again,” she said.

All it would take is one super spreader to get the numbers up again, she said.  “We hope that the worst is over, but still the numbers may rebound any time.”

Chuang, left, with Ho, urges caution again to keep the numbers down

The total number of cases in Hong Kong has reached 8,889. One more patient passed away in the past 24 hours, raising the death toll in public hospitals to 144.

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Dr Sara Ho, a chief manager at the Hospital Authority said that as of 9am today, 757 confirmed patients were being treated in 22 public hospitals and the treatment facility in AsiaWorld-Expo. Of these, 51 are in critical condition, 40 are in serious condition, and 666 are stable.

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Among the notable cases was one involving a staff of United Christian Hospital who worked at Ward 2D where a cluster of cases has emerged. The patient was in quarantine when found infected. So far, 12 patients and employees linked to the ward have tested positive.

Another case was also reported from Buddhist Hospital.

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Terminated FDHs can no longer stay and change employers

By The SUN 

The return to the 14-day rule could see thousands of FDHs heading for home soon

The Hong Kong government will no longer allow foreign domestic helpers whose contracts have been prematurely terminated to remain beyond the 14 days provided by law so they can change employers. 

But those whose contracts are already under process will be allowed to remain and wait for the release of their employment visas.

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In a press release issued on Dec 30, the government said the decision to revert to the prevailing policy was meant to avoid overcrowding in boarding houses and prevent FDHs from job hopping.

 “In view of recent concerns about the health risks posed to FDHs staying in boarding facilities and to prevent the abuse by FDHs of the aforementioned facilitation measure to change employers frequently (commonly known as "job-hopping"), the Government decided that FDHs whose contracts are prematurely terminated can no longer apply for extension of limit of stay as visitors; and that, in accordance with the prevailing policy of the Government, FDHs are required to leave Hong Kong upon completion of their employment contract or within two weeks from the date of termination of their employment contract, whichever is the earlier,” said the government statement.

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The move could lead to thousands of FDHs currently staying in boarding houses to leave Hong Kong in the next few weeks. Many have left their employment or were terminated, and are hoping to find new employers in line with a relaxation of the policy adopted since the pandemic caused travelling to other countries more difficult.

It comes at an inopportune time, as the Philippines has just imposed a strict 14-day quarantine rule in a government-approved facility for all Filipinos coming from Hong Kong, as one of the 20 places flagged for having cases of Covid-19 acquired from a highly transmissible coronavirus variant.

At least 12 infections were recorded from a boarding house in Fung Nin building in Taipo

The Hong Kong government has been under pressure in recent days to tighten visa restrictions on FDHs after a recent outbreak of Covid-19 in a Tai Po boarding house led to at least eight helpers being infected, along with four members of an employer’s family.

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Only those whose termination is due to “exceptional circumstances” such as the death, relocation or financial hardship of the employer, may an FDH still apply for an extension of visa as a visitor, and process a new employment contract without leaving Hong Kong.

However, the statement said Immigration will continue to consider and speed up the processing of employment visa applications already submitted by FDHs who are in Hong Kong. But it will continue to step up scrutiny of the job applications, such as the number and reasons for their premature termination in the last 12 months.

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“For suspected "job-hopping" cases, the ImmD will refuse the employment visa applications concerned and require the applicants to leave Hong Kong,” said the statement.

Thousands of Filipino migrant have been stranded in HK because of the pandemic

In another move, the government said it will continue the flexibility arrangement it adopted on four previous occasions to allow employers to extend the validity of their existing contracts with their outgoing FDHs for up to three months. This rule will apply to contracts that will expire on or before March 31, 2021.

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However, if the newly hired FDH cannot still come to Hong Kong within the three-month extension, the employer should apply to retain the existing FDHs as a further extension of their prevailing contract will no longer be allowed.

For FDHs who have renewed their contracts with their employers, or are due to start working for a new employer after their previous contract had ended, they can apply to Immigration, with their employers’ consent, to defer their home leave for not more than one year after the existing contract ends.

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But if the FDHs are still unable to return to their place of origin because of the pandemic, they may, with their employers’ agreement, apply to Immigration to extend their visa until the end of their contracts.

The same rule applies to those who have already been granted an extension of stay under the previous flexibility arrangement announced by the government on Mar 21, Jun 30 and Sept 30.

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But, the government said the requirement for FDHs to return to their place of origin for vacation continues to be in place. 

Thus, employers should arrange for their FDHs to take their home leave within the extended period “as far as practicable.”

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All enquiries on employment rights and benefits may be directed to the Labour Department’s dedicated FDH hotline, 2157 9537 (manned by "1823") or by email to fdh-enquiry@labour.gov.hk. For enquiries on FDH visa applications, please contact the ImmD by calling the enquiry hotline at 2824 6111 or by email to enquiry@immd.gov.hk.

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Alleged sex fiend ‘stole jewelry, cash’ from 2 latest victims

By Vir B. Lumicao 

Mr Hang Hau's photo posted on FB, along with a warning to women to avoid him

Two new alleged victims of “Mr Hang Hau,” a man in Tseung Kwan O who reportedly lures mostly Filipina helpers with a job offer to take them to bed by force or persuasion, came out last week, with one saying he also stole her jewelry and cash.

The victims reported their encounters with the alleged predator to Rodelia P. Villar, founder of the Facebook group Domestic Workers Corner, who has been helping women conned by the suspect bring their cases to the attention of the authorities.

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DWC has also endorsed women who claim to have been left pregnant by Mr Hang Hau to non-governmental organization PathFinders Limited for assistance.

Villar said the two latest victims were snared by the predator in November, before his exploits and photo were published by The SUN Hong Kong to warn migrant women workers about him.

In his latest capers, the man reportedly introduced himself as Martin to Filipina helper he approached mostly at Hang Hau MTR Station and in other train stations, podiums and parks in Tseung Kwan O and Kowloon.

The other names he uses are Gordon, Mr Poon, Yara, Kenny, or Achilles. Some women who he tried to bamboozle simply call him “Doraemon.”

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“November victims sila. Saka lang nila nalaman nang na-post ng The SUN. Nanakawan ng alahas at pera yung isa,” Villar said. (They were victimized in November. They just realized this when The SUN posted about the man. One of them lost money and jewelry to the man).

Villar said the two women had yet to complain to the police.

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She did not disclose how the two were lured by the man to his flat in Oscar By the Sea, a relatively new development between Tseung Kwan O and Hang Hau.

But victims and would-be victims of the scammer said his modus operandi was the same.

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He approaches the helpers, pretending to be looking for a jobseeker who might be interested to work for him, and offers an above-minimum salary of $5,500.

Once he finds a taker, he would allegedly ask the woman to go with him to his flat for an “interview”, then sweet-talks them into going to bed with him, or forces them if the victims don’t cooperate.

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Villar said just two weeks ago, nine victims who the man got pregnant surfaced and sought DWC’s help in pursuing him for support, or at least to acknowledge paternity.

PathFinder's Gurtin says it's difficult to establish paternity in the cases

PathFinders is helping the women on this aspect, although its chief executive, Catherine Gurtin, has said the predator is hard to pin down over the issue of alimony if he doesn’t acknowledge the child is his, or if he doesn’t come out at all, as is the case at present.

When contacted about the man’s forages, Hong Kong police said the alleged victims should file formal complaints detailing how they were deceived by the suspect so that they can take action. They said they view such activity as “very serious allegations”.

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The police also advised women not to go the man’s house, and if they are in an emergency situation, to call 999 for help.

The same advice was given by the Consulate’s assistance to nationals section. Consul Paulo Saret, ATN head, the Filipina workers should be wary if a stranger invites them to his flat, as anything can happen.

Even if they were raped, it would be hard to prove the offense because of a lack of witness. He said the best thing to do is not to go alone to a stranger’s house, even if it’s for a supposed job interview.

Mr Hang Hau’s alleged latest victims emerged just as two other Filipinas who claimed they were impregnated by another local man, a Mr Tsang, also shared with DWC their experiences now that they have lost contact with the lover they met on a dating site.

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