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September 22, 2005
Labour
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35 convicted of helpers employment offences
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Matthew Cheung
Helpers' help: Permanent Secretary for Economic Development & Labour Matthew Cheung urges foreign domestic helpers whose employers deprive them of their rights and benefits to approach the Labour Department for assistance.
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In the first eight months of this year, the Labour Department has secured 35 convicted summonses against employers of foreign domestic helpers for breaches of the Employment Ordinance, more than the 33 convicted summonses for 2004 and 29 for 2003.

 

The department also handled 1,295 claims involving helpers, down 17% over the same period last year. Two employment agencies had their licences revoked due to overcharging of commission or breach of the Immigration Ordinance. Last year, the department revoked two licences and refused to issue two licenses.

In the first eight months of this year, 35 employers of foreign domestic helpers were convicted for breaches of the Employment Ordinance, the Labour Department says. That's more than the 33 convicted in 2004 and 29 in 2003.

 

Permanent Secretary for Economic Development & Labour Matthew Cheung said the Government will soon seek to amend the ordinance to raise the maximum penalty for wage offences from a $200,000 fine and one year in jail to a $350,000 fine and three years in jail.

 

Chairing a roundtable meeting today attended by representatives from 25 helpers unions and non-governmental organisations, the Labour Department and Immigration Department, Mr Cheung said the Government is committed to safeguarding foreign domestic helpers' rights and benefits in Hong Kong.

 

Fostering closer ties

He said the Government will foster closer ties with governments of the helpers' exporting countries, NGOs and the helpers direct.

 

Mr Cheung pointed out officers were sent to Indonesia a week ago to organise pre-departure workshops for helpers to brief them on employment and immigration matters.

 

A videotape of the workshop will be played at pre-departure seminars/workshops in future. Another delegation is expected to visit the Philippines to organise similar activities next month.

 

On wage underpayment and employers' failure to grant rest days and holidays, Mr Cheung stressed the Labour Department will not tolerate any abuse and pledged prompt probes into any complaints lodged by the helpers, helpers' groups and NGOs.

 

Witnesses crucial

As the success of prosecutions hinges on the readiness of the aggrieved helper in acting as a witness, Mr Cheung said passage and accommodation will be provided to bring them back where circumstances warrant, especially in cases involving wage offences.

 

Last year, the Labour Department brought back to Hong Kong an Indonesian domestic helper to serve as a prosecution witness in a wage underpayment case. The employer was fined $44,000, in addition to about $50,000 compensation for the underpaid wages already awarded through an earlier civil claim.

 

Mr Cheung urged helpers whose employers deprive them of their rights and benefits to approach the department's Labour Relations Division offices for assistance.

 

NGOs or helpers groups are most welcome to refer relevant cases by calling the department's Employment Agencies Administration's hotline, 2852 3535, he added.

 

Information Expo on October 2 & 9

The department will stage an "Information Expo for Foreign Domestic Helpers" on two Sundays, October 2 at Victoria Park and October 9 at Statue Square, to raise helpers' awareness of their rights and the channels for addressing their complaints.

 

Display panels will be presented in English, Tagalog and Indonesian. Publications and souvenirs with useful telephone numbers will be distributed. Officers of the Labour Department and the Immigration Department will handle enquiries on the spot.

 

There are 222,500 helpers in Hong Kong. Of these, 118,400 (53%) are from the Philippines and 95,700 (43%) from Indonesia. The rest come from from other countries such as Thailand, India, Sri Lanka, Nepal and Pakistan.

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