Hong Kong, 1 March 2017: Efforts by the Hong Kong and Indonesian authorities to crack down on rogue employment agencies are welcome but fail to address “fundamental issues” regarding the rights of overseas workers, says Boase Cohen & Collins Consultant Melville Boase.
The Indonesian Consulate in Hong Kong recently issued a code of conduct for agencies in an attempt to curb industry malpractice and protect Indonesian workers from abuse. In instances of serious violation of the code, the Consulate can revoke an agency’s accreditation certificate.
The move comes soon after Hong Kong’s Labour Department issued its own code of practice – voluntary in nature rather than legally binding – which outlines established legal requirements as well as “minimum standards” which agencies are expected to meet.
Overcharging of fees is the most common complaint against agencies by domestic helpers. Last year, four agencies had their licences revoked for such offences.
Mr Boase, a prominent overseas workers’ rights advocate, gave a cautious welcome to the latest regulations but said much more needed to be done.
“It is good to see the Indonesian Consulate taking these steps and the Labour Department’s code, while voluntary, is due to be backed up by tougher legislation later this year which will increase the maximum penalty for agencies operating without a licence or overcharging job-seekers,” he said.
“However, there remain fundamental issues at the heart of domestic helpers’ rights which the Government has failed to address despite years of criticism.”
Mr Boase, who has been Treasurer of the Mission for Migrant Workers since 1981, four years before he co-founded Boase Cohen & Collins, cited three major concerns.
“First and foremost is the requirement for helpers to live with their employer which invariably leads to friction between the parties and causes many employees to be overworked. Then there is the Immigration Department’s practice of prosecuting helpers for breach of condition of stay if they report they are required to work beyond the terms of their contract when often it is the employer who is the instigator.
“Another grossly unfair regulation is the ‘two weeks rule’ which requires helpers to leave Hong Kong within a fortnight of termination of their employment for whatever reason. If they have a claim against their employer, they have to apply and pay for a visitor visa, yet the claim before the Labour Tribunal takes months to process, during which time they are not allowed to work.”
Hong Kong has around 350,000 domestic helpers, the vast majority hailing from either Indonesia or the Philippines.