By Daisy CL Mandap
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| The EOC chair says it's hard to understand why FDWs aren't treated like other workers |
The
chairperson of the Equal Opportunities Commission has called for respect and
gratitude for foreign domestic workers, on top of ensuring that they are
protected from all types of discrimination.
In
an article he wrote to mark International Domestic Workers’ Day, EOC chair
Ricky Chu noted the “immense contribution” of FDWs towards ensuring Hong Kong’s
prosperity and well-being.
But
more than showing them gratitude, he said FDWs should be given respect.
“Domestic
workers are employees, just like everyone else with a job. The law recognises
this, with the Employment Ordinance and labour laws being fully applicable to
foreign workers and their employers,” said the EOC chair.
“It
is hard to fathom why those engaged in formally contracted domestic work are
sometimes not accorded the same status as other workers,” he added.
Chu said employers must bear responsibility for ensuring the well-being of their
domestic workers, especially now that most cannot go home and be with their
loved ones.
He said this means protecting the FDWs from the stereotyping, discrimination and
prejudice that they often face because of their gender, race and perceived lower
socio-economic status.
He
cited an EOC survey that showed 6.5 percent of FDWs had reported being sexually
harassed at work to show the kind of gender discrimination that many of them face.
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| Rare are the employers who look after their domestic workers when they get sick |
He
also said FDWs are often discriminated against when they get sick. Seeking medical
consultation during weekdays “is always a struggle to some helpers, and
termination of employment upon discovery of sickness is not uncommon," he noted.
The
EOC chair also pointed out that domestic workers are often targeted for
discrimination because of their race and perceived social status. “We often
hear of helpers not being allowed into certain venues or being subjected to
additional scrutiny while shopping,” he said.
For
all these to change, he said there is a need for public education and
awareness, and this should start early among Hong Kong people.
“I
would like to address those who have it in their hands to make things better
for our domestic helpers - the employers. Let us show the world that Hong Kong
is a fair and equal place with no room for discrimination,” Chu urged.
The
full text of Chu’s article, first published in the South China Morning Post on
16 July, is here:
More than
gratitude, Hong Kong’s foreign domestic workers are due respect
(By Mr Ricky Chu Man-kin,
EOC Chairperson)
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| EOC Chair Ricky Chu |
Today is International Domestic Workers Day. The
International Labour Organisation (ILO) adopted ILO Convention 189 on decent
work for domestic workers in 2011 and 16 June marks the 10th anniversary of
this convention.
It is an opportune time for us to show our gratitude
to the foreign domestic workers for their immense contribution towards the
well-being and prosperity of Hong Kong and its families. The more than 370,000
migrant domestic workers here contribute to Hong Kong directly and indirectly.
An estimation in a 2019 report by Experian, a global information services
company, in partnership with the charity Enrich, put their contribution to the
city’s economy at $98.9 billion (US$12.7 billion), or 3.6% of local GDP. It
also inferred that only 49% of Hong Kong’s mothers aged 25 to 54 could
participate in the labour market if they did not employ migrant domestic
workers as against 78% if they did.
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This may also be a good time to remind ourselves of
the working conditions to which these migrant workers are entitled. Domestic
workers are employees, just like everyone else with a job. The law recognises
this, with the Employment Ordinance and labour laws being fully applicable to
foreign workers and their employers. By extension, their workplace is someone’s
home. Just as certain norms, such as privacy, defined working hours and time
off, dictate the treatment of office staff, for example, the same norms must
apply to those working in a home, no matter the nature of work.
Further, employers in any workplace bear
responsibility for their employees, and it is no different with domestic work.
It is the employer’s responsibility to ensure the well-being of their domestic
workers. Being away from family and loved ones is a sacrifice they make to have
better prospects. Many are mothers who leave behind their young children. This
can take a toll on their emotional well-being, especially now when travel is
restricted. While most employers in Hong Kong are mindful of their obligations,
the question is whether more needs to be done for these workers.
I worry most about the risk of stereotyping,
discrimination and prejudice this group of workers faces. The vulnerability is
on several levels – gender, race and perceived socio-economic status.
The nature of domestic work and the fact that their
workplace is also their home makes domestic workers vulnerable to sexual
harassment. In a 2014 Equal Opportunities Commission survey, 6.5% of the
respondents reported that they had been sexually harassed at work or at a
work-related event in the 12 months prior to the survey.
Discrimination arising from sickness is also seen
among domestic workers. Having medical consultation in working days is always a
struggle to some helpers, and termination of employment upon discovery of
sickness is not uncommon. More than a few were fired after becoming sick with
illness that were treatable in a reasonable length of time. It must be
remembered that domestic workers are eligible for healthcare only as long as
they have a valid work visa. Termination upon sickness leaves them without
access to public health care.
Race combined with a perceived lower socio-economic
status arising from society’s diminished view of domestic work appears to be
another common ground for casual discrimination and prejudice against domestic
workers. We often hear of helpers not being allowed into certain venues or
being subjected to additional scrutiny while shopping. Attitudinal shifts can
only take place through education and awareness.
It is important this begins in early life, before
biases take root. We must instill in students the concepts of equality and
inclusion which can then translate into thought, behaviour and action. It is
hard to fathom why those engaged in formally contracted domestic work are
sometimes not accorded the same status as other workers. I would like to
address those who have it in their hands to make things better for our domestic
helpers - the employers. Let us show the world that Hong Kong is a fair and
equal place with no room for discrimination. It is up to us to change the
perception. A city that has come up through hard work and enterprise must
exemplify its respect for all labour, no matter where that work is or who
performs that work.
