Workers decry ‘two-week rule’

Survey reveals migrant workers’ uphill struggle

Catholic Church News Image of Workers decry ‘two-week rule’

Maria’s employer sometimes gives her only a half day off or no day off at all on Sunday, and she receives no compensation for it.

She knows it is unfair. But like most Philippine domestic workers in Hong Kong, she is reluctant to complain because of the “Two Week Rule”. Introduced by the government in 1987, it stipulates that if domestic helpers are terminated within two years of starting work for an employer, they have to leave the territory within 14 days.

“If I got fired, it wouldn’t be easy for me to find a new employer in two weeks,” she says. “It will be difficult to apply to come back again too. Even if I make it, I may have to pay another hefty fee to a broker. So I’d rather stay silent.”

Antonio Tsui Chung Man, supervisor of Hong Kong Island’s diocesan Pastoral Center for Workers, says Maria is by no means an isolated case. It is estimated that there are over 100,000 Filipina domestic workers in Hong Kong and many endure exploitation. Employers may skimp on their salaries or refuse to allow them their mandatory holidays, or ask them to perform tasks over and above their housekeeping chores.

“When they learn about their rights, they feel very angry but also helpless, because they dare not complain,” he says.

In an attempt to highlight their plight and ultimately lighten their load, his center has conducted a survey of 727 Filipina and 60 Indonesian domestic workers. Released on July 28, the survey shows that more than 30 percent of them are in situations that would merit legal consultation and arbitration.

Among the interviewees, 76 percent said they have sought help from relevant government departments and almost all said they would seek their services again if needed.

But over 40 percent expressed dissatisfaction with the service they received. Government officials taking sides with employers, impractical opening hours, language difficulties and complicated bureaucracy were among the main complaints.

The survey goes on to make a number of recommendations that would improve the level of service provided by the government:

The Two Week Rule should be revised so workers can stay in Hong Kong and seek new employment while they are waiting for the outcome of legal appeals.

Exploitation by employers and brokers should be more actively discouraged.

Relevant government offices should extend their opening hours to weekends and workers should be able to visit any district office nearby, so they can get to them more easily.

The offices should also provide interpreting facilities and be more impartial when handling complaints. –ucanews.com reporter, Hong Kong
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