Legal Protections of Foreign Domestic Workers in Hong Kong

 Hong Kong has a large population of foreign domestic workers (FDWs) working and contributing to the economy. Having an FDW at home allows a significant number of women in Hong Kong to return to work. The International Domestic Workers Day on 16 June is an opportune time for us to remember the contributions made by FDWs, the sacrifices they have had to make to be able to come here, the challenges they face in their workplace, and the impact they have on our lives, especially on our children. 

FDWs are entitled to the same protections and benefits as local employees under the Employees Compensation Ordinance and the Employment Ordinance. The government-mandated Standard Employment Contract provides further protection for FDWs. In addition, they are also covered under the four anti-discrimination laws that are implemented by the Equal Opportunities Commission.

Under the Employment Ordinance, FDWs are entitled to:

• Payment of wages (monthly wages paid on time)
• Rest days, statutory holidays, paid annual leave, and other leave entitlements 
• Maternity protection and paternity leave
• Severance Payment and Long Service Payment

Under the Employees Compensation Ordinance, FDWs are entitled to:

• Employees’ compensation insurance
• Injuries or death as a result of accidents at work
• Occupational safety and health

Under the Anti-Discrimination Ordinances, FDWs are protected against:

• Sex Discrimination, which includes gender, pregnancy, marital status, breastfeeding discrimination, and sexual harassment 
• Disability Discrimination and harassment  
• Family Status Discrimination 
• Race Discrimination and Racial Harassment 

Let’s look at an example of a complaint of disability discrimination against an FDW received by the Equal Opportunities Commission. The Disability Discrimination Ordinance makes it unlawful to discriminate against someone on the grounds of their disability, which includes chronic or temporary sickness, physical or mental conditions, presumed or confirmed.

Case: 

Lucy* was employed as a domestic worker. Soon after she was diagnosed with an ovarian tumor, Lucy informed her employer. She continued to work while waiting for the surgery. However, she alleged that her employer started to nitpick her performance during this time. Around six months later and shortly before her surgery, she was dismissed. Lucy alleged the dismissal was on the ground of her disability. 

Lucy lodged a complaint of disability discrimination with the Equal Opportunities Commission against the employer. The case was settled through fast-track conciliation after the employer agreed to give Lucy a monetary payment of about nine months salary. 

Remarks: 

It is unlawful under the Disability Discrimination Ordinance to discriminate against an employee by dismissing him/her on the ground of his/her disability. 

*Not her real name

What can you do as an employer? 

• Be aware of the anti-discrimination ordinances: ignorance of the law is not an excuse in case of a complaint

• • Be a mindful employer: create a peaceful work environment for your domestic helper, keep in mind their mental and physical health and have an open communication channel 
  • Follow the law: give your domestic helper a full 24-hour rest day, enough rest time during working days, leave she is entitled to, timely payment of salary, and advance notice if there is any change to the discussed arrangements 
  • Be empathetic: do not expect your domestic helper to be perfect, accept mistakes and errors and treat her with empathy 

• Be considerate towards her dietary/religious practices: understand your domestic helper’s religious and dietary restrictions, if any, and allow her the freedom to practice them
• Give privacy: Within the limitations of available space, ensure your domestic helper gets her privacy and feels safe

Treat your domestic helper with the respect and consideration that any employee would expect from their employer. 

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If you need information regarding your rights under Hong Kong’s anti-discrimination ordinances and the complaint-handling procedures of the EOC, please contact: 

Equal Opportunities Commission 

16/F 41 Heung Yip Road, 

Wong Chuk Hang, Hong Kong 

Hotline: 25118211 Email: eoc@eoc.org.hk Website: www.eoc.org.hk 

Office hours: Monday to Friday from 8:45 am to 5:45 pm