Workers on amber code must be allowed to work & get full pay, says labor chief

By The SUN

 

Sun says workers on amber health code should be allowed to work and get paid (RTHK photo)

In a statement that should apply even to newly arrived foreign domestic workers, Secretary for Labour Chris Sun said Sunday that employers should not prevent people with an amber health code on their LeaveHomeSafe app from working – and if they are unable to do so, their salary should still be paid.

Speaking on TV, Sun said: "People with the amber code should be allowed to go to work because the conditions exist for them to do so. Of course they need to observe certain Covid rules at work, such as wearing masks at all times, and eating alone. If these rules are followed, employers should allow them to go to work.”

PINDUTIN PARA SA DETALYE

"But if for some reason they are not able to go to work, employers should still pay them."

He added that the worker must not be required to take a sick leave during this period.

Those who are currently put under an amber or yellow health code are inbound travelers who are required to undergo medical surveillance for four days after spending three days in a designated quarantine hotel.

PINDUTIN PARA SA DETALYE

During this time, they are not allowed to enter certain premises which are deemed high-risk, or where they are allowed to take off their masks, such as restaurants. But they are allowed to go to work or attend school, and even take public transport.

Last week, the Labour Department issued a statement saying newly arrived foreign domestic workers, like everyone else, should stay for only three days in a quarantine hotel.

PINDUTIN PARA SA DETALYE

If employers choose to keep their FDWs away from their homes for a longer time, they must move them to a non-designated quarantine hotel, hostel or flat of their choice.

Implicit in this is that the employer must pay the FDW during the medical surveillance period – a rule that the labour chief just made clearer.

Meanwhile, local health authorities reported 4,979 additional Covid-19 cases Saturday, 215 of them imported.

PRESS FOR DETAILS!

Three related deaths were also reported, involving two men and one woman aged 80 to 89. The overall death tally of the fifth wave now stands at 9,352.

They also said that a five-year-old girl remains in critical condition, a day after she was rushed to Tuen Mun Hospital.

She tested positive for the coronavirus on Friday and her condition deteriorated quickly. The girl is unvaccinated.

Her 11-year-old sister also tested positive yesterday and is stable condition. She has received full vaccination.

Tunghayan ang isa na namang kwentong Dream Love

Government doctors say they have yet to determine the source of transmission in the girls’ cases, or the kind of Omicron sub-variant they have been infected with.

Dr Chuang Shuk-kwan of the Centre for Health Protection said they have observed a further rise in the number of suspected BA.4 or BA.5 cases.

Chuang said the two variants now make up 23.1 percent of the local cases, while the previously dominant strain, BA.2.12.1, now accounts for just 7.3 percent.

A total of 1,690 Covid patients are now receiving treatment in various public hospitals. Among them, 31 are in critical condition, including 10 who are in intensive care, while 22 are seriously ill.

HK loses appeal to migrant workers

By Daisy CL Mandap

 

Many Filipino DHs have left for good because of HK's strict entry and contract processing rules

Hong Kong is fast losing its sheen for foreign domestic helpers - a likely outcome of various factors, from Covid-related restrictions, the mass exodus of local residents, and the much-feared policy against job hopping.

Statistics from the Immigration Department show that the number of FDHs in Hong Kong has continued its downward trend since last year, despite the lifting of the travel ban on the Philippines and Indonesia, the biggest sources of migrant workers in the city, at the start of April.

PINDUTIN PARA SA DETALYE

The decline year-on-year, or between July 2021 and July this year, amounted to 12,717 for Filipino DHs, or 6.3%, over the 12-month period.

In July 2021, the total number of Filipino DHs was 201,425. The number fell progressively over the next 12 months, so that by the end of last month, it had gone down to just 188,708.

PINDUTIN PARA SA DETALYE

Significantly, while the Hong Kong ban on incoming passenger flights from the Philippines was enforced between Jan 8 to Mar 31 this year, a huge drop in the total number of Filipino DHs was recorded, indicating thousands were taking the one-way trip home  

From a total of 189,889 at end of January, the Filipino DH population shrank to just 184,685 by end of March, or a difference of 5,202.

PINDUTIN PARA SA DETALYE

That would have meant many Filipino DHs opting to go home for good, likely due to Covid fatigue or worries about the massive, out-of-control surge in local infections.

But as expected, the lifting of the flight ban led to a boost in FDH figures, albeit temporarily. By the end of April the number was up 1,981, to 186,666. This went up further by a massive 4,729 in end-May, when the population swelled to 189,414.

PRESS FOR DETAILS!

Since then, the number started dipping again, dropping by 238 in June, and 944 in July. This left the current overall figure at 188,708 – lower than that for January this year, and wiping all the gains that were made in the first half of the year.

The figures were nearly the same for Indonesians, who lost a total of 11,943 of their workers in the past year, and 588 in the past month. (see data below).

Overall, the FDH population across all ethnic groups also fell by more than 20,000 for the past year. The total figure as of July 2022 is 334,584, compared with 354,776 for the same month last year.

Tunghayan ang isa na namang kwentong Dream Love

A similar drop was recorded in the number of FDH whose visa applications were denied by Immigration on suspicion of job hopping, or those who supposedly switch employers on a whim.

Last year, a total of 2,833 visa applications were rejected for this reason, or an average of 236 a month, according to Immigration figures. Between January to July this year, the number was down to 1,163 or an average of 166.

More significantly, the attrition rate for FDHs (6.3%) is much higher than that for residents who are leaving Hong Kong. According to government statistics, a total of 133,000 residents left the city last year, for a 1.69% drop.

Not too long ago, many overseas-bound Filipino workers would have gladly chosen Hong Kong as their destination place, instead of far-off countries where the salary is lower and the working conditions are much tougher.

But with the city holding fast to its policy of requiring inbound travelers to undergo home quarantine and upholding the two-week rule for most FDHs whose contracts get terminated, it is likely that the downward trend will continue.

The pandemic, which continues to keep the world in its grip, could cause additional problems.

Given a choice, however, Filipino workers would still gladly come, quarantine and all, not least because the exchange rate between the USD and the Philippine currency is now at a 15-year-high.

FOREIGN DOMESTIC HELPER POPULATION IN HONG KONG

5-year-old girl with Covid in critical condition as caseload tops 5,300

By The SUN

 

Doctors are calling on parents to get their children aged 6 months and older, to get vaccinated

Health authorities are calling for more children to be vaccinated against Covid-19 as they reported the case of an unvaccinated five-year-old girl who is fighting for her life in a hospital after coming down with the coronavirus.

The call was made as the Centre for Health Protection reported an additional 5,308 cases on Saturday, the highest daily tally since the first week of April.

Of the 220 patients admitted to hospital yesterday, 19 were children below the age of three.

PINDUTIN PARA SA DETALYE

Dr Gladys Kwan, a chief manager of the Hospital Authority, said the sick girl had a fever, and tested positive on Friday. Her condition deteriorated quickly and she was rushed to Tuen Mun Hospital where she is now in the children’s intensive care unit.

Kwan said they have yet to confirm the Covid sub-variant the girl was infected with, and are still investigating her case.

But because an unvaccinated 22-month-old girl who was taken to hospital recently in poor condition was found to have cerebral encephalitis, they are not ruling out this possibility in the five-year-old patient.

Pindutin para sa detalye

"Whether [her Covid infection] is causing encephalitis or other conditions, we are still doing the investigation. So at this point it is quite difficult for us to draw a conclusion," she said.

But she said there is a chance that this could have also happened in the second case because children who get the virus have been found to be more susceptible to developing inflammation of the central nervous system or encephalitis.

Kwan urged parents to get their children vaccinated as soon as possible, saying it is proven to be most effective way to prevent serious illness, or death, due to the coronavirus.

PINDUTIN PARA SA DETALYE

Earlier in the day, Health Secretary Lo Chung-mau made the same call, saying he was concerned with the low vaccination rate of children below three years old.

The government recently approved the vaccination of children between six months and three years old, although the Sinovac jab is the only one available for them at this time.

Lo said the government is still in the process of acquiring BioNTech vaccine for toddlers as the formulation is different from that for adults.

PRESS FOR DETAILS!

Meanwhile, of the day's total infections, 160 were imported cases - 26 were identified at the airport, 95 in quarantine hotels, and 39 after the patients had ended quarantine. 

There are now a total of 1,604 Covid patients receiving treatment in public hospitals. They include 32 who are in critical condition, 25 in serious condition, while 11 of those listed as critical are in intensive care units.

Three more related deaths were recorded, involving three elderly women aged between 85 and 91.

Tunghayan ang isa na namang kwentong Dream Love

The oldest fatality who had received four jabs against Covid, fainted at home on Friday and was already dead when taken to hospital. She was just released from hospital after testing positive for Covid in July.

Kwan said her case has been referred to the Coroner for investigation.

She again called on elderly people stricken with Covid to seek medical attention as soon as possible even if they only had mild symptoms, as these could lead to a rapid deterioration in their condition.

PADALA NA!

Call us!

Hindi pwedeng magkaso kung pumayag sa ilegal na trabaho, ayon sa Labour Tribunal

 

Hindi umusad ang kaso ng isang Pilipina sa Labour Tribunal pero may natutunan naman siyang paraan kung paano matagumpay na magreklamo laban sa amo.

Feature

Dumulog sa Labour Tribunal ang isang Pilipina upang ireklamo na niloko siya ng kanyang mga amo at singilin ang mga dapat bayaran sa kanya. Hindi pinayagang umusad ang kanyang kaso, pero ang mga dahilan dito ay pwedeng magsilbing aral para sa lahat.

--

Kakaiba ang kasong inihain ni RSV, isang Pilipinang domestic helper, sa Labour Tribunal.

Sa mga kaso na dinudulog sa Tribunal, laging ang nakapirmang amo o kumpanya lang ang inirereklamo ng isa o mahigit pang manggagawa. Pero sa reklamong isinampa ni RSV ay tatlong employer ang kanyang kinasuhan,  na tatawagin nating Defendant 1 (D1), Defendant 2 (D2) at Defendant 3 (D3).

Sinabi ni RSV na sa unang kontrata niya, ang pumirma ay si D1. Sa ikalawang kontrata naman ay pumirma si D2.

PINDUTIN PARA SA DETALYE

Tinanong siya ng presiding officer na si W. H. Pun kung bakit kasama si D3 sa kaso kung hindi naman siya pumirma sa kontrata.

Ang paliwanag ni RSV,  na pinagtrabaho siya kay D3 ng dalawang pumirma ng kontrata, at si D3 din ang nagbayad ng kanyang suweldo,  ay naka-alarma kay Pun.

“Ang sinasabi mo sa akin ay pagkukumpisal ng isang kriminal na gawain,” ika niya. “Ang ginawa mo ay malamang na maging problema para sa iyo.”

Pindutin para sa detalye

Ang pagtatrabaho sa taong hindi pumirma ng kontrata ng isang dayuhang DH ay paglabag sa mga kondisyon nang binigyan siya ng visa, paliwanag ni Pun.

Sumagot si RSV na dumulog nga siya sa Tribunal dahil gusto niyang pa-imbestigahan ang ipinagawa sa kanya.

“Pero wala kaming kapangyarihang mag-imbestiga,” ani Pun.

PINDUTIN PARA SA DETALYE

Nang tanungin naman niya si RSV kung nagreklamo na si RSV sa Immigration tungkol dito, sumagot ito ng hindi dahil hindi niya alam ang gagawin.

“Kapag ipinilit mo ang ganitong takbo sa iyong reklamo at nakarating ang kaso sa husgado, kahit manalo ka pa, posibleng magkaroon ng resultang hindi mo magugustuhan. Posibleng idemanda ka ng Immigration Department, at kanselahin ang iyong visa.”

Pinayuhan niya sa RSV na kumusulta sa abogado kung gusto niyang ipilit ang ganitong linya ng reklamo.

PRESS FOR DETAILS!

Tinanong naman ni Pun kung saan nakatira ang tatlong inireklamo ni RSV.

Nang sabihin ni RSV na magkakahiwalay sila ng bahay, tinanong siya kung bakit iisa ang address na ginamit niya para padalhan ng kopya ng kanyang reklamo ang tatlo.

Kailangan ng korte ang tamang address ng mga inirereklamo, paliwanag ni Pun, dahil kung hindi nila natanggap ang reklamo, hindi pwedeng umusad ang kaso laban sa kanila.

Tunghayan ang isa na namang kwentong Dream Love

Nang sabihin ni RSV na umalis na sa Hong Kong si D3, na siyang tunay na may atraso sa kanya, sinabi ni Pun na ang korte ay may kapangyarihan lamang sa mga taong nasa loob ng Hong Kong.

Ang huling tinalakay ni Pun ay ang hinahabol ni RSV na hindi pa nabayarang suweldo, taunang bakasyon at mga statutory holiday.

Pinansin niya na walang paliwanag si RSV kung bakit nagkautang ng ganito ang mga inireklamo niya.

“Kailangan mong ipaliwanag at magbigay ka ng ebidensiya kung bakit dapat kang bayaran para sa mga ito,” ika ni Pun.

Sa huli ay binigyan ni Pun si RSV ng panahong pag-isipang mabuti kung paano niya ipiprisinta ang kanyang kaso. “Ayaw kong pagsisihan mo ang iyong napiling direksyon.” dagdag niya.

PADALA NA!

Call us!

Filipina tells court how she sought police help after alleged rape by employer

By Daisy CL Mandap 

Female employer Lai is fully covered in black as she leaves the High Court after the trial

A 34-year-old Filipina domestic worker told the High Court Friday how she sought help from the police the morning after her former male employer had raped her with help from his wife.

The Filipina who is shielded from the public while giving testimony in court, said she took the chance to go to the police station in Yuen Long after taking her eight-year-old ward to her school bus in the morning of Jan. 22, 2018.

“X” brought with her the clothes she had worn during the alleged rape, as well as a tissue paper which the female employer had used to wipe her husband’s semen.

PINDUTIN PARA SA DETALYE

A medical check-up requested by police later showed the employer’s DNA was found in the helper’s body.

X said she didn’t dare leave her employers’ house after the assault the previous night or called the police to the house because she was scared of what the couple might to do to her.

But she did send a series of text messages to a friend she called “Ate Rose”, about how she was “used” (ginamit) by the couple and how they “debased” (binaboy) her. It was this friend who urged her to go to the police the next day.

The Filipina faced intense cross-examination by the defence counsel on day 5 of the trial of the couple she had served for only three months, from November 2017 to January 2018.

Pindutin para sa detalye

Court of First Instance Judge Alex Lee is presiding over the trial before a seven-man jury.

Male employer Chan Chim-tak, 48, faces one count of rape and another of attempted rape, while his wife, Lai Chi-san, 36, is charged with aiding and abetting the rape, and of indecent assault.

The offences allegedly happened on the night of Jan. 21, 2018, at the couple’s home in Hung Fuk Estate, Hung Shui Kiu in Yuen Long.

PINDUTIN PARA SA DETALYE

Both defendants pleaded not guilty to all the charges and are out on bail.

Barrister Priscilla Lam, acting for Chan, tried to challenge X’s credibility by asking why the helper used the word “ginamit” instead of “hinalay” which was the more precise word for “rape” in the message she sent to her friend.

The rape allegedly happened in the couple's flat in Hung Fuk Estate, Yuen Long

However, X said she had used the words interchangeably in her court testimony and in the statement she gave to police.

The defence lawyer showed X and the jurors a set of video clips taken on the morning of Jan 22 while the helper and her ward “Kiki” were leaving their residential block.

PRESS FOR DETAILS!

Lam tried to suggest that X looked relaxed in the video, and did not even hold the child’s hand on the way out. X said she had kept the girl in sight and was in fact worried for her safety that she took her to the school bus first before going to the police station.

X was repeatedly asked why she did not scream while the alleged assault was taking place, or called the police immediately after.

She repeated that she had cried out for help from Lai but she and her husband just laughed at her.

Tunghayan ang isa na namang kwentong Dream Love

During the assault, X said Lai had stroked her breast, then helped her husband get an erection so he could penetrate the helper. The rape then happened with Lai lying on the bed beside X, also naked.

After the rape, Chan gave $150 to the helper and told her not to tell anyone. He also allegedly told X he was going to help her wash up, but she shut him out.

X then went to the room she shared with Kiki and sent a series of text messages to her friend Rose.

But before this, Lai sent her a message saying, “You don’t tell other people about things with gentleman” and X replied with “Ok, madam.”

Then Lai reminded X to wake up early the next day to take Kiki to school and she replied with a “thumbs up” emoticon.

When Lam asked X why she kept replying to Lai, the helper said that was when she realized she could use the opportunity to go to the police the next day after taking the child to her school bus.

Lam also asked X about a civil claim for damages that she filed on July 6, 2021 against her former employers, and suggested she was just after their money.

“You wanted to be paid damages,” said the lawyer, to which X said, “I disagree.”

Lam then went on to present the couple’s version of what happened on the night of Jan 21, 2018.

Chan’s story started with him teaching X how to cook pig intestines, then offering her a bite of the dish, to which the helper readily agreed.

Chan then went to the master bedroom and used Lai’s phone to send the message, “Do you like it, sir? I like you.” (X’s version was that Lai had sent her the message, “Do you like sir? Sir likes you.”)

X then allegedly entered the master bedroom and was given a $100 bill by Chan which she put on top of a drawer, then took off her clothes. Chan followed suit and they had sex.

At this time, Lai was said to be in bathroom taking a shower. She came out just in time to see X leaving the master bedroom, naked. Lai scolded both the helper and her husband after realizing what happened.

Chan said he added $50 to the $100 he had offered to X, then gave her all the money for her services.

At different parts of the narration X was asked if she agreed to what was said and she repeatedly answered with “disagree.”

X was told that her cross examination by Lam had ended but she could also be asked questions by Lai’s defense counsel when the trial resumes on Monday.

At today's trial hearing, Consul Paul Saret was in court along with two of his staff at the assistance to nationals section to lend support to X.

PADALA NA!

Call us!