Question: In the work contract between the employer and the foreign domestic worker (PRT), there are provisions that contain obligations, limitations and restrictions. What are the consequences if any provisions are violated?
Answer: Based on a copy of the standard employment contract (ID 407, the work contract document which is usually in green) contained in the Practical Guide for Foreign Helpers issued by the Hong Kong Labor Department, there are various provisions. For example, domestic workers who are employed by the employer will work and live at the employer's residence as written in the employment contract. Domestic workers will also only carry out household duties as listed in the attachment to the List of Accommodations and Household Duties. Other provisions, domestic workers will not perform, or will not be required by the employer to carry out any other form of work with other parties.
It is stated that violation of one or more of the conditions of stay will result in domestic workers and / or conspiring to commit violations, including employers, to be subject to criminal charges.
Another example is that the employer must pay the domestic worker salary every month in the amount stated in the work contract. The amount of the written salary must not be less than the minimum wage amount permitted and announced by the Government of Hong Kong and in effect on the date the contract was made.
If the employer does not pay the salary according to the work contract, criminal charges will be imposed.
So, as domestic workers in Hong Kong we have to make sure to read the terms written in the work contracts that we sign. So, we avoid injustice and oppression, as well as violations that can have criminal consequences. That way, we can also avoid exploitation, hours or work orders that are less humane, and know what to do if that happens. [AR]
