Categories: Helper's Rights & Regulation

Domestic Helper Rights in Hong Kong: Law, Regulations, and International Labour Organisation Guidance

Since there are domestic workers in a lot of countries, be it foreign or local, there are some international conventions regarding domestic workers specifically, and migrant workers in general. Although they might not concern us in Hong Kong, because China might not have ratified those conventions, it is good to know the international standards on how to treat our helpers well.

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HelperChoice is an online platform that provides free employment opportunities to domestic helpers. It aims at eradicating human trafficking and illegal placement fees. As such, the International Labour Organization (ILO) recognises HelperChoice for promoting fair recruitment practices.

International Labour Organization (ILO)’s Convention C189

ILO’s C189, or the “Convention on Domestic Workers”, sets standards for the decent treatment of domestic workers. It sets standards such as, domestic workers must have daily rest time and a weekly rest day for at least 24 hours, they must be entitled to minimum wage, the government must set a minimum age for domestic workers that is consistent with other jobs, and that the domestic worker must not be forced to live at the place of work.

By simply looking at the last standard you would know that China, thus Hong Kong, has not ratified the convention, because domestic workers are still required to live with the employer. However, apart from that, Hong Kong has a good standard compared to the international standard, because it is able to provide a minimum wage and other social protection benefits such as maternity leave, same as any female employee in Hong Kong.

Whether or not they are closely carried out is another story. Until now (July 2017), only 24 states have ratified the convention, but the majority of countries that import foreign domestic workers have not ratified the convention, including Singapore and the Gulf States.

ILO’s Conventions C181 and C96

These two conventions set standards for private employment agencies. In C96 which is adopted in 1949 calls for ratifying countries to abolish fee-charging private employment agencies, but ILO’s stance in C181 which is adopted in 1997 changed, saying that countries should be allowed more flexibility instead. C181 calls for ratifying country to either abolish fee-charging private employment agencies, or set regulations to ensure that the workers’ rights are protected. Regulations should include that on discrimination, data processing, and penalty for unethical employment agencies. Again, China has not ratified the convention, neither have the Philippines and Indonesia.

The United Nations’ “International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families”

This United Nations Convention calls attention to the need for recognizing the rights of migrant workers and their families, and distinguishing between the rights of documented migrant workers and that of undocumented migrant workers. The Convention states that no migrant worker should be held in forced labour, or any inhumane and degrading treatment. Basically, the Convention recognizes migrant workers as any other kinds of workers and humans, and therefore they deserve the same rights.

ILO’s Conventions on Migrant Workers

ILO has several conventions regarding the protection of migrant workers, including C97, R086, C143 and R151. Some of the conventions and articles apply more to source countries, and some apply more to receiving countries.

ILO Convention 97 “Migration for Employment Convention” mainly calls for ratifying countries to provide accurate information and assistance to potential migrant workers. Anyone who intentionally provides fraudulent information to potential migrant workers should be subject to penalties. China and Indonesia have not ratified the convention but the Philippines have.

ILO Convention 143 “Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers” mainly deals with forced labour and human trafficking. It calls for ratifying states to take actions to abolish such abuses. It gives the right of free choice of employment and mobility to migrant workers. China has not ratified the convention but the Philippines have.

As you could see that these conventions are quite comprehensive, but the power they have is quite little. It is because for all of them, only a minority of countries have ratified them (usually less than 30 countries) and the terms are quite vague. China has not ratified any of them, so Hong Kong is not bound by any of them too.

However, it does not mean Hong Kong does not have to monitor the treatment of migrant workers and foreign domestic workers receive in the city. Hong Kong has previously been downgraded to the Tier 2-Watchlist on the US State Department’s Trafficking in Persons report and has been criticized by NGOs of being blind to the treatment of domestic workers in the city.

Many of the domestic workers exhibit symptoms of forced labour because of specific regulations in Hong Kong such as the live-in rule and two-week rule. As an employer, you could make the first step by ensuring that your domestic worker at home is being treated with decency.