Sunday 17 March 2024

Domestic workers in Hong Kong scared to speak up as rights dwindle.

Extract from ABC News

ABC News Homepage


On Sundays, cardboard boxes are flattened and become makeshift picnic rugs.

The karaoke microphone crackles to life and snacks are passed around.

Foreign domestic workers often lead invisible lives, confined to their employer's home in Hong Kong – but one day a week they take to public spaces and sing, dance and share picnics.

But not all workers in Hong Kong get their entitled day off.

During the pandemic, 40,000 were given no rest day and about 20,000 only got one day off a month, according to a survey by the Asian Migrants' Coordinating Body (AMCB).

For many, the pandemic was a terrifying experience.

Hazel, a Filipina domestic worker, caught COVID, so her employer locked her out of the house.

"I was homeless, and I didn't know what to do or where to go, so I just decided to stay in the park but I was a bit worried as it was so cold," she said.

women sit in park.
Domestic workers sing karaoke in Tamar Park on their day off from working six days a week.(ABC News: Libby Hogan)

Now post-pandemic, unions say the issues COVID helped further expose such as abuse, a lack of maximum working hours, and overcharging by employment agencies need to be fixed.

But they're also worried that Hong Kong's new even stricter national security law is making it harder to advocate for labour protections.

'We're not slaves'

There are nearly 400,000 domestic workers in Hong Kong – most are women from the Philippines and Indonesia.

Filipina Rowena Borja said her first experience of constant verbal abuse from her employer led her to stand up for workers' rights.

"We are workers, not helpers, meaning we're not machines, not robots or slaves but human beings too," said Ms Borja, taking issue with the label "helper" that is often used to describe people in her line of work.

Under the law, domestic workers must live in the house of their employer.

Many Indonesian workers have reported to unions that they have been denied their one statutory rest day or were overcharged by agents. (ABC News: Cordelia Brown)

But advocates say this exposes them to abuse, lack of privacy and working around the clock.

"They face abuse when, for example, the worker tries to go to sleep and suddenly the employer is at their door asking them to cook something," said Ms Borja, who is vice-president of the Federation of Asia Domestic Workers Union (FADWU).

Dolores Balladares from AMCB highlighted the case of one employee who would regularly work until 2am before needing to prepare breakfast for the family at 6am.

"It is modern-day slavery," Ms Balladares said.

"And in fact, we face more difficulties at work right now because of accusations of job-hopping, for asking for wage increases, some protection and normal working hours."

Scared to speak out 

Hong Kong unveiled a new national security law a week ago that targets crimes including treason, theft of state secrets, espionage, sabotage, sedition and external interference.

Sentences for sedition have expanded from two to up to 10 years in jail for offences in collusion with foreign forces.

Critics have called for it to be scrapped, noting the potential use of sedition to silence freedom of expression.

Workers and unions who spoke to ABC said it was becoming more difficult to raise their voices.

Ms Balladares said it was even becoming challenging to hold rallies.

woman raises her fist in a protest.
Domestic worker Rowena Borja calls for better working conditions for Hong Kong's nearly 400,000 domestic workers in a protest in 2017.(Supplied: Rowena Borja)

She was part of a group that applied for permission to hold a demonstration of about 300 people but was only approved for 49.

"So, we have to do several groups of 49 people, which makes it difficult and it takes the whole day to have this rally, so now we just focus on education and some flyers," she said.

"We cannot do the rally anymore and we miss that, it's the only time that we can raise our voices to the government," added Ms Borja.

The Hong Kong Women Workers' Association also cancelled a rally last year on International Women's Day despite receiving police approval, saying the risk of violence and fears that key activists could be arrested was too high.

Sarah Pun, who formed the Union of Nepalese Domestic Workers, is among rights leaders who say fewer people are joining unions – they're not sure whether it is due to fear or a lack of time.

HK Helpers Frame 3_final
Domestic workers often struggle to access justice through the courts as they are required to leave Hong Kong after two weeks, even if their employer has broken the law. (ABC News: Cordelia Brown)

But she said there were plenty of issues that needed to be tackled.

"When I first moved [to Hong Kong] I didn't know the rules and I was totally blind, I was underpaid, and after three months I lost 10 kilos, I feel very weak," Ms Pun said.
In September, the minimum monthly wage for foreign domestic workers rose by 3 per cent to $HK4,870 ($956) per month but workers have slammed the increase.

"[It] is not enough, this is far from a living wage which we are asking for," Ms Balladares said.

Trafficking in the middle of Hong Kong

Another big issue facing domestic workers is the fees paid to employment agencies.

Migrant workers often engage an agent to secure job opportunities.

But reports say many are being overcharged and exploited by brokers who charge them twice for their services.

They are first charged in their country of origin by an agent and then charged again when they arrive in Hong Kong by another agent.

Some are also forced to sign a loan agreement for the repayments, while others unlawfully have their passports confiscated until they cover the debts.

"We find that overcharging by the employment agency is really, really rampant," Ms Borja said.

women hold placards.
Workers rights groups say the minimum wage increase is not enough to cover everyday costs and inflation.(Supplied: United Filipinos in Hong Kong)

Under Hong Kong law, agency fees are not allowed to exceed 10 per cent of a worker's first month's salary.

But a recent FADWU survey of workers found more than 90 per cent of agencies were not complying with the law.

Hong Kong's Labour Department said it took complaints against agencies seriously and conducted regular and surprise inspections.

"To strengthen the regulation of employment agencies, the Hong Kong government significantly increased the maximum penalties for overcharging job seekers from a fine of $HK50,000 ($9,597) to a fine of $HK350,000 ($67,187) and imprisonment for three years," a spokesperson told the ABC.

Agents have also been accused of trafficking.

Ratih Surati, a domestic worker from Indonesia and the chairperson of the Union of United Domestic Workers, recalled one case where an employee was trafficked to a warehouse by a broker.

HK Helpers F1_WIP1
Domestic workers have complained about a lack of privacy due to the compulsory live-in Hong Kong law and some workers have said they had to sleep in a cupboard, or floor of the bathroom or kitchen.(ABC News: Cordelia Brown)

She was made to work without pay under the guise of "training for two weeks" instead of being placed with her new employer at their residence.

Ms Surati was contacted by the sister of the victim and reported the case to police who raided the premises.

But the Hong Kong Labour Department said there was not enough evidence to prosecute, despite it being the second time Ms Surati had reported the agency for trafficking.

'Mindset needs to change'

Wealth disparity in Hong Kong has been in the spotlight again recently after the airing of the TV series Expats, starring Nicole Kidman.

In episode five, the perspective changes from following expat Margaret (Kidman) and the disappearance of her son at a night market to focus on her family's two live-in domestic workers Essie and Puri.

Viewers see their stories of everyday resilience and sacrifice.

While the depiction of domestic workers as key contributors to Hong Kong is welcome – Ms Balladares says issues of discrimination, racism and treatment as second-class citizens will need more than Hollywood to change.

XPAT_S1_FG_105_Essie&Puri (1)
A scene from Expats featuring the characters Essie and Puri.

"The very reason why there are so many women CEOs [in Hong Kong] is because they are free from doing the work at home because of domestic workers," Ms Balladares said.

"We are lifting the economic capacity for their income, but the gap is very big as a domestic worker."

Rachel Yi from NGO Help for Domestic Workers said COVID had raised awareness among Hong Kongers of the challenges faced by this section of society.

"We saw lots of donations pouring in" said Ms Yi, whose organisation set up a refuge for those rendered homeless during the pandemic.

But she said serious impacts wouldn't be made until there was systematic change.

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