DDHK.ORG - The Hong Kong government has affirmed that it has never and will not tolerate the illegal dismissal of foreign domestic helpers who have contracted COVID-19. This was conveyed by a Government spokesman on Saturday, March 5, 2022, referring to concerns about foreign domestic workers being affected by the 5th wave of the COVID-19 epidemic in Hong Kong.
"The HKSAR Government is cooperating with the relevant Consulate General in Hong Kong to provide legal protection and compassion to them (foreign domestic workers)," the Hong Kong Government's official website, news.gov.hk, said.
Currently, there are around 330.000 migrant domestic workers, mostly from the Philippines and Indonesia, serving local families in Hong Kong. The Hong Kong government and local communities greatly appreciate the significant contribution foreign domestic workers make in supporting their families and the local economy.
“We deeply empathize with those who are unable to visit their families at home because of the epidemic. The HKSAR government is committed to continuing to protect the work rights and interests of foreign domestic workers in order to keep Hong Kong an attractive place for foreign domestic workers to work," said a government spokesman.
The Hong Kong government has never and will not tolerate any foreign domestic worker's employer illegally terminating his or her workers who suffer from COVID-19 and violate the Manpower Act. Under the law, an employer is prohibited from terminating an employee's employment contract on a paid sick day, except in the case of sudden dismissal due to a serious violation committed by the worker.
Employers who violate the provisions of the relevant labor law commit violations and can be prosecuted. If found guilty, a maximum fine of HK$100.000 can be imposed.
The Hogn Kong government continues to remind employers of their legal obligations and requirements under the employment law and Standard Employment Contracts amid the pandemic. Violation of these requirements will make them ineligible to employ foreign domestic workers for a certain period of time and their visa application for the procurement of foreign domestic workers will be rejected.
Employers are also warned of possible violations of the Disability Discrimination Ordinance if they treat their foreign domestic workers less favorably, such as by terminating them because they have been infected or recovered from COVID-19.
The Hong Kong government will remain vigilant in taking law enforcement actions against any violations of the law through relations and cooperation with the relevant consulates.
For migrant domestic workers who work and test positive for COVID-19 or are considered close contacts, they will receive support like any other Hong Kong citizen. The Hong Kong government, with strong support from the Central Government in Beijing, is expanding the capacity of community isolation facilities for those who must prioritize isolation outside the home environment. For foreign domestic workers who currently do not have a job in Hong Kong, the Ministry of Manpower has assisted them in getting into the appropriate facilities with the support and assistance of the relevant Consulate General.
On the other hand, the Hong Kong Government expresses its deepest gratitude to employers of foreign domestic workers and migrant domestic workers for heeding the Government's advice to stay at home as long as possible on their rest days to reduce the flow of people, to prevent the spread of the virus. "Over the past weekend, we noticed that FDH gatherings in popular venues have decreased significantly," said a Government spokesman.
“The 5th wave of the COVID-19 epidemic has hit us hard and we can only overcome this great challenge with the full support and cooperation of the community. Foreign domestic workers working in Hong Kong are a core part of our community and we believe that most of their employers are responsible and reasonable. The HKSAR government will protect FDH's legitimate rights and interests in Hong Kong," the spokesperson said. [DDHKNews]
